Landlord Can't Amend Court Papers to Add Nuisance Claim
LVT Number: #31474
Landlord sued to evict rent-stabilized tenant's son and other apartment occupants after tenant permanently moved to a nursing home before September 2020. Landlord claimed the occupants were licensees. Landlord later asked the court for permission to amend its court petition to claim nuisance by the occupants. Occupants asked the court to deny landlord's motion and to stay the proceeding under CEEFPA when tenant's son submitted a CEEFPA Hardship Declaration.
The court ruled for occupants. The CEEFPA provided for automatic stay of an eviction case when tenant submitted a hardship declaration. The only cases not automatically stayed were those based on allegations that tenant persistently and unreasonably engaged in behavior substantially infringing on the use and enjoyment of other tenants or caused substantial hazards to others. Landlord couldn't amend its petition. If landlord claimed such behavior, it must file a new petition. A stay of the current court petition was granted in light of the son's hardship declaration.
Riverbay Corp. v. Edwards: Index No. 302489/20, NYLJ No. 16020820695 (Civ. Ct. Bronx; 5/7/21; Hahn, J)