Landlord Must Pursue Ejectment Action to Evict Rent-Stabilized Tenant for Nuisance

November 27, 2023

LVT Number: #32976

Landlord sued to evict rent-stabilized tenant for creating or permitting a nuisance. After trial, the court found that the tenant had engaged in a number of incidents of threatening and harassing conduct toward the building super. The tenant claimed that the super had raped his wife. He threatened to kill the super and to harm his children. The super testified that he had moved his family out of the building and that he felt terrorized. The court also found that tenant, a military veteran suffering from PTSD, appeared to be mentally ill.

Landlord sued to evict rent-stabilized tenant for creating or permitting a nuisance. After trial, the court found that the tenant had engaged in a number of incidents of threatening and harassing conduct toward the building super. The tenant claimed that the super had raped his wife. He threatened to kill the super and to harm his children. The super testified that he had moved his family out of the building and that he felt terrorized. The court also found that tenant, a military veteran suffering from PTSD, appeared to be mentally ill. But the court ruled against landlord because the parties' lease didn't contain a conditional limitation permitting early termination of tenant's lease. So landlord couldn't seek an eviction in housing court under RPAPL Article 7. Landlord must instead commence an ejectment action in State Supreme Court.

BEC Continuum Owner LLC v. Foster: Index No. 310995/2022, 2023 NY Slip Op 51154(U)(Civ. Ct. Kings; 10/31/23; Weisberg, J)

Topics

More like this