Tenant Can't Cure Nuisance Condition

Landlord sued to evict rent-stabilized tenant for creating a nuisance by repeatedly filing complaints against landlord relating to conditions in her apartment, resulting in the placement of violations, and then refusing to allow landlord to make necessary repairs. The trial court ruled for landlord and later denied tenant's request for a delay of the eviction. Tenant appealed and lost. Tenant created conditions requiring repairs. These included removal of carbon monoxide detectors, smoke detectors, and window guards, and the presence of vermin and lead paint. These conditions threatened the health and safety of other tenants in the building. Tenant wasn't entitled to a further opportunity to cure since her conduct occurred over a substantial period, hadn't abated despite ample opportunities, and showed no signs of changing. Also, there is no cure permitted for nuisance and, in any event, the conditions tenant caused couldn't be cured in five days.

Strata Realty Corp. v. Pena: 57 Misc.3d 156(A), 2017 NY Slip Op 51646(U) (App. T. 1 Dept.; 12/4/17; Lowe III, PJ, Schoenfeld, Shulman, JJ)