Tenants Disturbed Visitors to Building

LVT Number: 10841

Facts: Landlord condominium sued tenant organization, claiming that tenants acted to discourage prospective buyers and tenants from seeking apartments in the building. Since purchasing the building in 1978, landlord and tenants had had many legal disputes over services and building violations. Landlord claimed that most recently tenants sabotaged a special interior design event held at the building, accosting guests and distributing leaflets citing serious building maintenance problems. Landlord asked the court to bar tenants from taking such actions while the case was pending.

Facts: Landlord condominium sued tenant organization, claiming that tenants acted to discourage prospective buyers and tenants from seeking apartments in the building. Since purchasing the building in 1978, landlord and tenants had had many legal disputes over services and building violations. Landlord claimed that most recently tenants sabotaged a special interior design event held at the building, accosting guests and distributing leaflets citing serious building maintenance problems. Landlord asked the court to bar tenants from taking such actions while the case was pending. Tenants claimed they were exercising their right to free speech under the First Amendment and asked the court to dismiss the case. Court: Landlord wins. Landlord showed that tenants' conduct was intended to interfere with landlord's business. This was unjustified and wasn't protected free speech. In addition, tenants' right to organize under Real Property Law section 230 didn't give tenants the right to interfere with landlord's efforts to sell or rent units in the building. Tenants were ordered to stop interfering with sales or rentals in the building and to answer landlord's court complaint.

Ansonia Assocs. Limited Partnership v. Ansonia Tenants' Coalition, Inc.: NYLJ, p. 21, col. 4 (8/7/96) (Sup. Ct. NY; Saxe, J)