Landlord Can Evict Tenant Who Threatened Other Tenant with Gun
LVT Number: #27376
Landlord sued to evict tenant for engaging in criminal activity that threatened the health or safety of other building residents, in violation of his HUD lease. The court ruled for landlord after a trial. Tenant appealed and lost. Landlord showed that tenant was convicted of menacing in the second degree after he confronted another tenant with a gun on the sidewalk in front of the building. This conviction was conclusive proof that tenant intentionally placed or attempted to place the other resident in reasonable fear of physical injury, serious physical injury, or death by displaying a deadly weapon.
14 Morningside Avenue HDFC v. Murray: 53 Misc.3d 149(A), 2016 NY Slip Op 51667(U) (App. T. 1 Dept.; 11/22/16; Schoenfeld, JP, Shulman, Gonzalez, JJ)