Landlord Didn't Claim 'Objectionable Conduct' by Tenant or Dog

January 1, 2008

LVT Number: #20089

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Landlord claimed that tenant kept a pit bull terrier with the intent of harassing landlord or other tenants. Tenant asked the court to dismiss the case. Tenant argued that landlord provided no facts on which it could base a nuisance claim. The court ruled for tenant and dismissed the case. There were no allegations of objectionable conduct by tenant or his dog over a period of time. Keeping a pit bull, in and of itself, didn't create a nuisance under the law.

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Landlord claimed that tenant kept a pit bull terrier with the intent of harassing landlord or other tenants. Tenant asked the court to dismiss the case. Tenant argued that landlord provided no facts on which it could base a nuisance claim. The court ruled for tenant and dismissed the case. There were no allegations of objectionable conduct by tenant or his dog over a period of time. Keeping a pit bull, in and of itself, didn't create a nuisance under the law.

University Towers Associates v. Gibson: NYLJ, 12/6/07, p. 28, col. 1 (Civ. Ct. Kings; Elsner, J)

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