Landlord Gets Injunction Against Tenant's Objectionable Conduct

Landlord sued loft tenant in State Supreme Court, seeking both preliminary and permanent injunctions, to stop tenant from all illegal and/or objectionable conduct in the building and his unit. Landlord claimed that tenant's conduct infringed on the safety of the building and the quiet enjoyment of five other residential tenants.

After a hearing, the court found that tenant was in substantial compliance with the court's preliminary directives and an interim order. Tenant also had provided some, but not all, of the identifications of his roommates, as well as three painters and three assistants working with him in his apartment. The court found that no technical violations of the court's prior order were the result of an emergency or lack of notice to tenant. Tenant testified that all roommates now knew of the court's directives with respect to when guests were permitted and that they were to be escorted by tenant within the building. Tenant denied knowledge of a group of persons observed in the lobby of the building on one occasion and attributed their presence to slow entrance door movement when closing and/or the entrance door's failure to securely lock. Landlord didn't prove any connection between this group and tenant or his roommates.

The court ordered that: (a) tenant provide the identification of all persons residing or working in the unit within 30 days; (b) neither tenant nor his roommates, guests, workers, or affiliates will bring into or permit entry to the building or elevators any motorized vehicles, whether powered by gasoline, electricity, or otherwise, and including but not limited to motorcycles or mopeds; (c) neither tenant nor his roommates, guests, workers, or affiliates would permit or abide any illegal activity in or around the building, including loitering or sale of controlled substances; and (d) landlord will have the right to apply to the court to seek expenses from tenant if needed for maintaining security and the integrity of the building if tenant violates the court's orders.

118 West 27 LLC v. Saltz: Index No. 156046/2021, 2021 NY Slip Op 32199(U)(Sup. Ct. NY; 11/8/21; Nervo, J)