Landlord Must Provide Specific Information to Tenant About Complaints

Landlord sued to evict rent-controlled tenant based on nuisance. Landlord claimed that tenant or other apartment occupants threw feces and urine out of an apartment window and repeatedly made loud noise. Landlord also claimed there was a severe clutter condition in the apartment and that the apartment was maintained in a way that was a health and fire hazard. HPD placed violations on the apartment for its conditions.

In response to landlord’s petition, tenant demanded a bill of particulars seeking the names, addresses, and telephone numbers of other tenants who had allegedly complained about the urine, feces, and noise, including the dates and substance of any complaints and who landlord planned to call as witnesses. Landlord objected, claiming that tenant wasn’t trying to amplify the pleadings but to discover evidence. Tenant asked the court to direct landlord to comply with the demand for a bill of particulars.

The court ruled for tenant in part and ordered landlord to provide within 20 days the information requested by tenant except that landlord needn't provide any telephone numbers or any information requested pertaining to experts or professionals retained by landlord. The information that landlord is required to provide is limited to that which describes the type of conduct complained of and the specific details, the dates and times of said conduct, and the manner in which the conduct interfered with the comfort and safety of the complaint tenant.

Mulberry LLC v. Anglisano: 2016 NY Slip Op 26068, 2016 WL 903934 (Civ. Ct. NY; 3/4/16; Weisberg, J)