Elderly Tenant Shot Son in Apartment

January 1, 2005

LVT Number: 17842

Landlord sued to evict 75-year-old rent-controlled tenant for creating a nuisance after tenant shot her own son in the apartment with an unlicensed handgun and was arrested. Tenant asked the court to dismiss the case without a trial. She claimed that her son had a drug problem, that she shot him in self defense, and that this was an isolated family incident that didn't create a nuisance. The court ruled against tenant. One incident of shooting someone in the building could rise to the level of nuisance. Landlord also claimed that tenant harassed and threatened other tenants.

Landlord sued to evict 75-year-old rent-controlled tenant for creating a nuisance after tenant shot her own son in the apartment with an unlicensed handgun and was arrested. Tenant asked the court to dismiss the case without a trial. She claimed that her son had a drug problem, that she shot him in self defense, and that this was an isolated family incident that didn't create a nuisance. The court ruled against tenant. One incident of shooting someone in the building could rise to the level of nuisance. Landlord also claimed that tenant harassed and threatened other tenants. A trial was needed to decide the case.

160 W. 118th St. Corp. v. Gray: NYLJ, 12/15/04, p. 19, col. 1 (Civ. Ct. NY; Lansden, J)

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