In an eviction proceeding, defendant tenant seeks to exclude
evidence of his prior criminal convictions, which plaintiff landlord plans to
introduce at trial. Landlord argues that the tenant’s criminal record is
necessary for two reasons: 1) to demonstrate that the eviction was not
retaliatory; and 2) to show tenant’s bad character. Landlord argues that the
convictions are admissible under the rules of evidence. The court disagrees
with landlord for the following reasons.
In 2001, tenant was convicted of possessing three pieces of child
pornography. There is some dispute whether tenant told landlord that he
had a criminal record when applying for the apartment or whether he hid
that information. Regardless, landlord clams that he did not learn about the
nature of the tenant’s prior convictions until after he sought to evict the
tenant. The convictions, in and of themselves, do not constitute grounds for
eviction or termination of the lease. The nature of tenant’s crime is such
that its introduction into court could do nothing but reflect negatively on
tenant.