Five Floods from Tenant's Apartment in 18 Months

April 1, 2005

LVT Number: 18032

Landlord sued to evict rent-stabilized tenant for nuisance. Under the Rent Stabilization Code, ''nuisance'' is defined as a condition that threatens the comfort and safety of others in the building. The objectionable conduct must be continuous or recurring. The court ruled for landlord. In this case, there were five floods from tenant's apartment in 18 months. And landlord testified at trial that tenant refused to allow its staff into the apartment to determine the source of water. Prior court rulings also found that five floods in 18 months was grounds for eviction for nuisance.

Landlord sued to evict rent-stabilized tenant for nuisance. Under the Rent Stabilization Code, ''nuisance'' is defined as a condition that threatens the comfort and safety of others in the building. The objectionable conduct must be continuous or recurring. The court ruled for landlord. In this case, there were five floods from tenant's apartment in 18 months. And landlord testified at trial that tenant refused to allow its staff into the apartment to determine the source of water. Prior court rulings also found that five floods in 18 months was grounds for eviction for nuisance.

Chi-Am Realty, Inc. v. Guddahl: NYLJ, 3/9/05, p. 26, col. 3 (App. T. 2 Dept.; Pesce, PJ, Patterson, Rios, JJ)

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