Court Won't Reject Tenant's Hardship Declaration Where Landlord Doesn't Prove Nuisance

Landlord sued to evict tenant in 2021 for creating a nuisance. Landlord also filed an order to show cause in May 2021 asking the court to reject a Hardship Declaration that tenant had filed, and to vacate any stay of proceedings called for in the COVID-19 Emergency Eviction and Foreclosure Prevention Act (CEEFPA). The law called for a stay of the proceeding through Aug. 31, 2021 based on tenant's filing of the Hardship Declaration, unless the tenant was "persistently and unreasonably engaging in behavior that substantially infringes on the use and enjoyment of other tenants or occupants or causes a substantial safety hazard to others."

The court ruled against landlord, who claimed that others complained about noise from tenant's apartment. But landlord presented no documentation and its attorney's statement to the court was merely hearsay, with no specific details such as dates, times, or precise conduct. So landlord hadn't presented any proof that raised an issue of fact as to whether tenant was engaging in conduct that would prevent acceptance of tenant's Hardship Declaration to stay the case.

Pimor Assoc. LLC v. Delvalle: Index No. LYT301055/21, 2021 NY Slip Op 31975(U)(Civ. Ct. Queens; 7/7/21; Guthrie, J)