Tenant Not Evicted for Deviant Conduct

LVT Number: 10078

Landlord sued to evict SRO tenant for nuisance. Landlord and tenant signed a stipulation putting tenant on a six-month probation. Landlord later asked the court to go ahead with the eviction, claiming tenant violated the stipulation. The court ruled against landlord. The two incidents cited by landlord didn't rise to the level of continuous conduct that could be deemed a nuisance. No tenants appeared to complain about tenant's behavior. In one incident, tenant threatened a building employee when they argued over whether the garbage tenant put out for recycling had been sorted properly.

Landlord sued to evict SRO tenant for nuisance. Landlord and tenant signed a stipulation putting tenant on a six-month probation. Landlord later asked the court to go ahead with the eviction, claiming tenant violated the stipulation. The court ruled against landlord. The two incidents cited by landlord didn't rise to the level of continuous conduct that could be deemed a nuisance. No tenants appeared to complain about tenant's behavior. In one incident, tenant threatened a building employee when they argued over whether the garbage tenant put out for recycling had been sorted properly. In the second incident, a naked woman left tenant's apartment and was roaming the hallway knocking on other tenants' doors. Tenant claimed she ran out of the apartment when he saw her going through his wallet; the police were called, but the woman filed no complaint against tenant.

New Era Veterans v. Ready: NYLJ, p. 27, col. 2 (9/13/95) (Civ. Ct. Bronx; Fiorella, J)