Landlord Presented Insufficient Proof of Recurring Objectionable Conduct by Tenant

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Landlord claimed that tenant complained to HPD about building conditions without giving landlord any advance notice of any complaints. Landlord also claimed that other tenants complained about tenant's aggressive behavior and that this caused at least one tenant to move out. Tenant denied landlord's claims.

The court ruled against landlord after trial, and dismissed the case. The former tenant testified that tenant cursed and came after her and her dogs outside the building with a crowbar. She also said that over the course of a year, at 2 or 3 a.m., someone buzzed her buzzer for 15 or 20 minutes at a time.  Based on testimony of former tenant and tenant, the court found that their interactions were more in the nature of a mutual altercation. Another resident testified that tenant rang her buzzer late at night and, one time, stood outside her apartment door and said "I'm going to kill you." This could be nuisance conduct. But landlord didn't prove that there were more than two instances and these were two years apart. So there was insufficient proof of nuisance, which is a pattern of continuing or recurring objectionable conduct.

Fishbeyn v. Williams: Index No. 85126/2016, NYLJ No. 1202793829862 (Civ. Ct. NY; 7/18/17; Stoller, J)