We have taken a leading role in fighting the rise in illegal cannabis sales that exists throughout New York City, and in our neighborhood as well. Working with Community Board 10, we are providing the following letter to assist landlords in stopping unwanted activity on their premises:
Dear Property Owner:
Firstly, thank you for your investment in our beloved community. Because of you, East Tremont Avenue is filled with stores that are residents are excited to support. Since 2020, our business and community district has seen “smoke shops” open only to sell tobacco, cannabis and smoking products without proper permits or license. Often these “smoke shops” purport themselves as simple delicatessens. However, that is not the case. Many property owners soon find out that illegal activity is occurring because City and/or State of New York agencies may have issued violations or cease-and-desist-letters to the property. Because a property owner signed a lease with the business owner, it can be quite difficult to proceed through the legal system in a timely manner to obtain eviction.
To counteract the potential misuse of your property, we encourage that your lease stipulates the following:
“If the business is issued any violations or summonses from any City of New York or State of New York enforcement agency for selling or dispensing any unpermitted or unlicensed product, it will result in the immediate termination of this contract.”
If you were to include this stipulation, it may help protect you as a property owner when commencing eviction proceedings for cause. Please know that you should always consult your attorney. There are some property owners who have used this stipulation successfully. This is merely our advice on how to reduce the number of delicatessens that are actually “smoke shops” that sell tobacco and cannabis without permit.
We thank you for your attention to this matter. You are more than welcome to contact our offices to discuss further.
Sincerely,
Matthew Cruz
District Manager – Bronx Community Board 10
(718) 892-1161
Bob Jaen
Executive Director – Throggs Neck Business Improvement District
(347) 281-8323