Tenant's Son Arrested

June 30, 1996

LVT Number: 10741

Landlord sued to evict tenant for creating or permitting a nuisance. Tenant had lived at the building complex for over 20 years without incident. Then her son was arrested after interfering with a building security guard's arrest of one of a group of men who were drinking behind the building. Criminal charges against tenant's son were probably going to be dropped by the DA, but landlord went ahead and served the eviction papers. The court ruled against landlord. A nuisance is a continually recurring course of conduct that threatens the comfort and safety of others.

Landlord sued to evict tenant for creating or permitting a nuisance. Tenant had lived at the building complex for over 20 years without incident. Then her son was arrested after interfering with a building security guard's arrest of one of a group of men who were drinking behind the building. Criminal charges against tenant's son were probably going to be dropped by the DA, but landlord went ahead and served the eviction papers. The court ruled against landlord. A nuisance is a continually recurring course of conduct that threatens the comfort and safety of others. This was a single, isolated incident.

Melbourne Leasing Co. v. Feggans: NYLJ, p. 31, col. 1 (6/26/96) (Civ. Ct. Queens; Greenbaum, J)

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