Trial Required on Landlord's Lease Violation Claims

July 31, 1997

LVT Number: 11645

Landlord sued to evict rent-controlled tenant, claiming that tenant violated provisions of a 1964 lease by keeping a cat without landlord's written permission and operating a washing machine in the apartment. Landlord asked the court to decide the case without a trial. The court ruled against landlord. The lease clauses were clear. But tenant claimed that landlord knew about both the cat and the washing machine for some time and was just trying to recover the rent-controlled apartment. Tenant argued that other tenants had pets and that landlord was discriminating against her.

Landlord sued to evict rent-controlled tenant, claiming that tenant violated provisions of a 1964 lease by keeping a cat without landlord's written permission and operating a washing machine in the apartment. Landlord asked the court to decide the case without a trial. The court ruled against landlord. The lease clauses were clear. But tenant claimed that landlord knew about both the cat and the washing machine for some time and was just trying to recover the rent-controlled apartment. Tenant argued that other tenants had pets and that landlord was discriminating against her. She also said that the washing machine caused no disturbance or damage. Tenant raised questions of fact that required a trial.

Albert v. Chiesa: NYLJ, p. 28, col. 6 (7/23/97) (Civ. Ct. Queens; Greenbaum, J)

Topics

More like this