Landlord Can't Evict Tenant for Graffiti in Stairwell

March 8, 2013

LVT Number: #24643

Landlord sued to evict Section 8 tenant for "good cause," based on criminal activity that it claimed threatened the health, safety, or right to peaceful enjoyment of the premises by other residents. Landlord claimed that tenant vandalized the walls in the building's common area with graffiti. The court ruled against landlord and dismissed the case. Landlord appealed and lost.

Landlord sued to evict Section 8 tenant for "good cause," based on criminal activity that it claimed threatened the health, safety, or right to peaceful enjoyment of the premises by other residents. Landlord claimed that tenant vandalized the walls in the building's common area with graffiti. The court ruled against landlord and dismissed the case. Landlord appealed and lost. Although tenant engaged in criminal conduct by placing graffiti on the wall of a stairwell landing that led to the building's roof, there was no proof that this action threatened or interfered with any resident's health, safety, or right to peaceful enjoyment.

Sumet I Associates, LP v. Irizarry: 2013 NY Slip Op 00750, 2013 WL 440693 (App. Div. 2 Dept.; 2/6/13; Balkin, JP, Lott, Austin, Sgroi, JJ)

Topics

More like this