Tenant Dropped Bags of Feces from Apartment Window

March 1, 2009

LVT Number: #21068

Landlord sued to evict tenant for creating a nuisance by objectionable conduct. The court ruled for landlord after a trial. Tenant appealed, claiming that his behavior didn't create a nuisance and, if it did, he should be given a chance to cure. The appeals court ruled against tenant. Landlord proved at trial that tenant repeatedly dropped bags containing feces from his apartment window to the ground below. The apartment itself also had an overpowering odor of feces. Tenant also wasn't entitled to attempt to cure this conduct, since it unquestionably posed a health risk to others.

Landlord sued to evict tenant for creating a nuisance by objectionable conduct. The court ruled for landlord after a trial. Tenant appealed, claiming that his behavior didn't create a nuisance and, if it did, he should be given a chance to cure. The appeals court ruled against tenant. Landlord proved at trial that tenant repeatedly dropped bags containing feces from his apartment window to the ground below. The apartment itself also had an overpowering odor of feces. Tenant also wasn't entitled to attempt to cure this conduct, since it unquestionably posed a health risk to others.

ST Owner LP v. Yeremenko: NYLJ, 2/26/09, p. 36, col. 4 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, Heitler, JJ)

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