If you think the answer is "of course," then a recent decision by a New York County Civil Court judge might surprise you.
According to the judge's decision in St Owner LP v. Bonczek, 54655/08 of September 4, which was published in yesterday's New York Law Journal, a maintenance employee discovered child pornography on a tenant's computer while fixing a leak in his apartment. Authorities investigated and found 2,000 images, prompting federal criminal charges and a guilty plea (pending an appeal on an evidence-related motion).
As the tenant awaits sentencing and seeks release pending his appeal, his landlord brought a holdover proceeding to retake the apartment from the tenant, citing a state law authorizing such a proceeding in cases where a tenant uses his apartment "as a bawdy-house, or house or place of assignation for lewd persons, or for purposes of prostitution, or for any illegal trade or manufacture, or other illegal business."
In response, the tenant argued that merely possessing child pornography isn't a ground for eviction under this law. The judge agreed with the tenant and, citing precedent, dismissed the holdover proceeding. She noted that although the tenant's activities were "reprehensible," possession of child pornography alone isn't evidence of illegal business or even that a tenant poses a danger to others.
Do you agree with this outcome? Should laws be reviewed and amended, if necessary, to ensure that landlords may evict tenants who keep child pornography in their apartment? Also, assuming this tenant ultimately serves a prison sentence, should landlords refuse to rent to him following his release because of this conviction?
(Photo © Ryan McVay / Getty Images)
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