Landlord Doesn't Prove That Tenant Violated Stipulation
LVT Number: #33681
Landlord sued to evict rent-stabilized tenant after serving a notice to cure and termination notice based on breach of his lease caused by smoking and other behaviors involving guests. Landlord and tenant signed a probationary stipulation in court by which tenant agreed to refrain from the objectionable conduct for a one-year period starting in October 2023.
As permitted by the stipulation, landlord later brought the case back to court and asked the court to issue a judgment and eviction warrant based on continuing objectionable conduct by tenant and his guests. After a hearing, the court ruled against landlord, finding no violation of the stipulation sufficient enough to warrant termination of the tenancy. At the hearing, a building resident testified that she smelled cigarette or marijuana smoke whenever she walked past tenant's apartment door and complained to landlord after the July 4 weekend in 2024. A building employee who investigated the resident's complaint confirmed the smell of cigarette smoke outside tenant's door and in the elevator, and found a cigarette on the hallway floor. The resident also testified that she and her daughter were uncomfortable around tenant's guests, who still congregated in the common areas. She said tenant had cursed at her in the elevator one time during the probation period. Tenant testified that he was away from the apartment over the July 4 weekend and that his niece stayed in the unit during that time.
The court found that tenant credibly testified that he was away at the time of the specific smoking complaint. The court also found the testimony on landlord's behalf generally was vague and unspecific. And while the stipulation cited "violent commotions" by tenant's guests, there was no specific testimony of unruly guests causing further violent commotions in the building, or of individuals in the apartment smoking, drinking, and fighting until early morning hours during the probationary period.
210 Livingston St. LLC v. Horne: Index No. 318757/23, 229 NYS3d 920, 2025 NY Slip Op 50525(U)(Civ. Ct. Kings; 4/10/25; Donoghue, J)