Tenant Claims She's a Domestic Violence Victim

LVT Number: #30219

Landlord sued to evict rent-stabilized tenant for creating a nuisance by objectionable conduct. Tenant claimed that landlord discriminated against her as a domestic violence survivor and asked the court to dismiss the case. The court ruled against tenant. Neither tenant's sworn statement nor two temporary orders of protection issued against tenant's partner established that tenant was a "domestic violence victim," as defined in Real Property Law Section 227-d. A trial was needed to determine the facts.

Landlord sued to evict rent-stabilized tenant for creating a nuisance by objectionable conduct. Tenant claimed that landlord discriminated against her as a domestic violence survivor and asked the court to dismiss the case. The court ruled against tenant. Neither tenant's sworn statement nor two temporary orders of protection issued against tenant's partner established that tenant was a "domestic violence victim," as defined in Real Property Law Section 227-d. A trial was needed to determine the facts. Among other things, landlord's court papers referred to 11 separate incidents, including multiple instances of threats and physical violence directed at other building tenants. 

Mangan Realty, LLC v. Anthony: Index No. 68707/18; 2019 NY Slip Op 29191 (Civ. Ct. Bronx; 6/19/19; Ibrahim, J)