Narcotics Eviction Program

The Narcotics Eviction Program targets drugs dealers who have moved their activities into private apartments. Upon establishing that an illegal activity has taken place at a particular premises, the District Attorney’s Office will demand action be taken by the landlord to evict all people at that residence who knew or should have known of the illegal activity. This program works with landlords to provide technical support in the eviction process. However, in cases where the landlord fails to act in a timely manner, the District Attorney’s Office, as a law enforcement agency, will step in and execute the eviction at a Drug Holdover Proceeding.

The Narcotics Eviction Program (NEP), administered through the Safe Homes, Safe Streets Initiative, targets drug dealers who base their activities in private apartments. Bringing criminal charges against persons who have brought their illegal business activities indoors has rigid requirements involving search warrants, seizures, and arrests. NEP can evict all people residing at the apartment who knew or should have known of the illegal activity.

The eviction can be sought by the District Attorney’s Office under a state civil statute found in the Real Property Actions and Proceedings Law. Eviction proceedings are brought under the same law against other illegal business operations, such as houses of prostitution, gambling dens, counterfeit goods manufacturers, and firearms traffickers. Pursuing eviction under civil law, in addition to criminal prosecution, allows the District Attorney's Office to wage a two-front attack on drug dealers.

The eviction process has three principal stages. First, all narcotics-related cases and search warrant cases are reviewed and if the cases meet strict evidentiary requirements, the process moves to the second stage, notification.

After a case has been deemed sufficient, the appropriate landlord is notified by a demand letter, attached to which are all reports of the illegal activity.  The landlord is demanded to initiate eviction proceedings against the tenant who is using or allowing others to use the subject apartment to conduct an illegal business. Should the landlord fail to comply, the District Attorney's Office has the authority to proceed as though it were the owner of the premises and commence eviction proceedings.  However, should the apartment already be vacant for various reasons, a notarized form, which is supplied with the demand letter, must be completed and returned to the District Attorney’s Office.

Finally, the District Attorney’s Office will assist landlords that do commence eviction proceedings.  This Office will help by arranging for testimony by police witnesses and by providing the necessary paperwork.  Additionally, this Office will provide assistance to attorney’s of landlords in Court if needed.