Landlord Claims Tenants Intentionally Broke Windows

May 31, 2006

LVT Number: 18874

Landlord sued to evict three tenants. Landlord claimed that tenants purposely broke their apartment windows to force the building into foreclosure. The court ruled against landlord. Landlord appealed and lost. Landlord didn't prove his claim. He showed that he replaced the windows, but had no witnesses who saw tenants breaking them. And although one tenant repaid landlord after landlord had claimed that tenant broke an apartment door lock, this by itself wasn't substantial damage to a housing accommodation that required eviction under the Rent Stabilization Code.

Landlord sued to evict three tenants. Landlord claimed that tenants purposely broke their apartment windows to force the building into foreclosure. The court ruled against landlord. Landlord appealed and lost. Landlord didn't prove his claim. He showed that he replaced the windows, but had no witnesses who saw tenants breaking them. And although one tenant repaid landlord after landlord had claimed that tenant broke an apartment door lock, this by itself wasn't substantial damage to a housing accommodation that required eviction under the Rent Stabilization Code.

Shahid v. Estavez: NYLJ, 5/24/06, p. 29, col. 2 (App. T. 2 Dept.; Golia, JP, Rios, Belen, JJ)

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