Smoking by Rent-Stabilized Tenants Didn't Create a Nuisance

LVT Number: #31193

Landlord sued to evict rent-stabilized tenants for creating a nuisance by smoking cigarettes inside their apartment. Tenants asked the court to dismiss the case without a trial. The court ruled for tenants. Landlord appealed and lost. The court record showed that, as a matter of law, the tenants' "conduct in smoking in the privacy of their own apartment was not so unreasonable in the circumstances presented" as to constitute a nuisance.

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