Tenant Constructively Evicted from Roach-Infested Apartment

LVT Number: 17408

Landlord sued to evict tenant for nonpayment of rent. Tenant owed $3,000. Tenant claimed that she was constructively evicted and had surrendered possession of the apartment to landlord. She testified that the apartment was infested with cockroaches and that people were using and selling drugs in the building. She said they had broken her mailbox, slashed her car tires, smoked marijuana in the hallways, and sat on her windowsill. She complained to building management at least 10 times and was afraid to remain in the apartment with her child.

Landlord sued to evict tenant for nonpayment of rent. Tenant owed $3,000. Tenant claimed that she was constructively evicted and had surrendered possession of the apartment to landlord. She testified that the apartment was infested with cockroaches and that people were using and selling drugs in the building. She said they had broken her mailbox, slashed her car tires, smoked marijuana in the hallways, and sat on her windowsill. She complained to building management at least 10 times and was afraid to remain in the apartment with her child. The court ruled for tenant and dismissed the case. The apartment was made uninhabitable by these conditions, and tenant was constructively evicted.

U.S. Bronsville II, HDFC v. Nelson: NYLJ, 6/9/04, p. 23, col. 3 (Civ. Ct. Kings; Mendez, J)