Eviction Case Dismissed for Procedural Defects

Landlord sued to evict rent-stabilized rooming house tenant for creating a nuisance. Landlord's notice to cure stated that: (1) starting in May 2012 tenant continuously harassed landlord and other tenants in the bathroom; (2) starting in April 2012 tenant walked around the common areas of the building naked or wearing only underwear; (3) tenant and his guests made loud and obscene sounds at all hours of the night; and (4) tenant created a fire and sanitary hazard by keeping garbage, suitcases, and other clutter in his apartment. Tenant asked the court to dismiss the case, claiming that landlord's cure notice was too vague. Tenant also argued waiver because landlord accepted weekly rent from tenant between the Oct. 15, 2012, tenancy termination date and Nov. 21, 2012, when landlord started the court proceeding. 

The court ruled for tenant. Landlord didn't return the rent checks in question until after tenant moved to dismiss the case. Acceptance of rent during this window period requires dismissal. In addition, landlord's notice wasn't specific enough and didn't state facts necessary to establish the existence of a nuisance or give tenant enough information to defend. To prove there was a nuisance, landlord must show that there was a pattern of continuing or recurring objectionable conduct. Landlord must start over.

Guzman v. Arena: Index No. 100932/2012, NYLJ No. 1202596187452 (Civ. Ct. Kings; 4/18/13; Sikowitz, J)