United States v. All Right, Title & Interest in Real Property & Appurtenances Thereto Known as 143-147 East 23rd Street

OPINION

MILTON POLLACK, Senior District Judge:

This is an in rem civil forfeiture action pursuant to 21 U.S.C. § 881(a)(7). The government has moved for summary judgment under Fed.R.Civ.P. 56. The claimant-owner’s sole argument against the proposed forfeiture is that it would violate the Excessive Fines Clause of the Eighth Amendment.

The motion will be granted for the reasons stated below.

Background 1

The defendant-in-rem, 143-147 East 23rd Street, New York, New York, consists of the Kenmore Hotel, a single room occupancy apartment building mainly occupied by poor or elderly tenants, four…