No Proof of Ongoing Illegal Activity by Resident

Facts: The New York City Housing Authority (NYCHA) sued to evict a resident for illegal narcotics-related activity. The resident's babysitter had been arrested and, with a search warrant, the police found heroin and cocaine in one of the bedrooms in the resident's unit.

Decision: The court ruled for the resident and dismissed the case.

Reasoning: The babysitter testified that he packaged drugs in an emergency stairwell in the building and sold drugs down the block. He stored drugs in the resident's bedroom when he went out. But NYCHA didn't claim that the resident participated in this activity, and there was no proof that she knew or should have known about the drug activity. NYCHA also failed to show that there was ongoing illegal activity in the resident's unit.

• New York City Housing Authority v. Williams, July 2010