Drug Holdover Proceedings: An Overview from 'Knew,' to 'Should Have Known,' to 'Strict Liability'

Lebovits, Gerald; Seidman, Douglass J.

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Drug Holdover Proceedings: An Overview from 'Knew,' to 'Should Have Known,' to 'Strict Liability'

28 NYSBA One-on-One J. 33 (Winter 2007)

68 Pages Posted: 19 Dec 2012

See all articles by Gerald Lebovits

Gerald Lebovits

Columbia University - Law School; Fordham University School of Law; New York University School of Law

Douglass J. Seidman

The Legal Aid Society, Manhattan Housing Court Project

There are 2 versions of this paper

Date Written: 2007

Abstract

This article reviews an aspect of New York and federal landlord-tenant law: holdover eviction summary proceedings brought on the ground that that a tenant used or sold drugs in the premises or knew or should have known that guest or occupant used or sold drugs in the premises.

Keywords: New York, federal, Housing Court, landlord-tenant, holdover, eviction, drugs, knew, should have known, strict liability, RPAPL 711(5) (bawdy house statute), RPAPL 715(1), RPAPL 721(8), RPL § 231, Narcotics Eviction Program, illegal use, Escalera, HUD v. Rucker

Suggested Citation: Suggested Citation

Lebovits, Gerald and Seidman, Douglass J., Drug Holdover Proceedings: An Overview from 'Knew,' to 'Should Have Known,' to 'Strict Liability' (2007). 28 NYSBA One-on-One J. 33 (Winter 2007), Available at SSRN: https://ssrn.com/abstract=2190947