Starting Fire in Apartment Wasn’t Sufficient to Prove Tenant Nuisance
LVT Number: #27525
Landlord sued to evict rent-stabilized tenant for creating a nuisance, claiming that tenant intentionally damaged the apartment by starting a fire. Police found tenant burning clothes in the bathtub while the gas oven and stove were also turned on, releasing gas in the apartment. Tenant asked the court to dismiss the case, arguing that a single incident couldn’t prove nuisance. The court ruled for tenant and dismissed the case. Rent Stabilization Code Section 2524.3(b) clearly required ongoing occurrences of objectionable conduct to sustain a nuisance claim. Tenant did also have an implied obligation under his lease to refrain from affirmative acts of waste, but landlord didn’t seek to evict for breach of a substantial obligation of tenant’s lease.
Kwai & Wong Inc. v. Hodges: Index No. 69373/16, NYLJ No. 1202777492044 (Civ. Ct. NY; 1/9/17; Saxe, J)