Landlord's Request to Restore Eviction Case to Court Calendar Denied

LVT Number: #31297

Landlord sued to evict tenant when tenant's lease expired, and later sought to restore the case to the court's calendar even though the COVID-19 Emergency Eviction Foreclosure Prevention Act (CEEFPA) provided a temporary delay on most eviction proceedings through May 1, 2021. The court ruled against landlord. Landlord claimed that other tenants were complaining because tenant was throwing parties, smoking, and drinking in the apartment.

Landlord sued to evict tenant when tenant's lease expired, and later sought to restore the case to the court's calendar even though the COVID-19 Emergency Eviction Foreclosure Prevention Act (CEEFPA) provided a temporary delay on most eviction proceedings through May 1, 2021. The court ruled against landlord. Landlord claimed that other tenants were complaining because tenant was throwing parties, smoking, and drinking in the apartment. But landlord's original eviction petition didn't claim that tenant's behavior was infringing on others' rights or creating the kind of hazard contemplated by the CEEFPA to allow for claims concerning persistent and unreasonable behavior. 

Begum v. Cole: Index No. 59841/20, NYLJ No. 1612835491 (Civ. Ct. Kings; 2/1/21; McClanahan, J)