TENANT NUISANCES

Tenant Can Conduct Pretrial Questioning in Nuisance Case

November 22, 2017    

Landlord sued to evict Section 8 tenant for creating a nuisance. Landlord claimed that tenant held frequent, loud parties where people engaged in antisocial, destructive, and illegal conduct in the building hallways...

Landlord Can Evict Tenant for Objectionable Conduct

November 20, 2017    

Landlord sued to evict tenant for committing a nuisance. The court ruled for landlord. Tenant appealed and lost. Landlord proved at trial that tenant engaged over a period of years in a pattern of objectionable...

Tenant Not Responsible for Damage to Elevator Doors Caused by Nonresident Son

October 28, 2017    

Landlord sued rent-stabilized, Section 8 tenant for damages, claiming that tenant owed $5,000 because her son damaged the elevator doors in the lobby. Tenant's son had previously lived with her but had moved out...

Tenant's Smoking Didn't Create a Nuisance

September 24, 2017    

Landlord sued to evict rent-controlled tenant for creating a nuisance. After a trial, the jury ruled for landlord, but the court granted tenant's request to set aside the jury verdict and dismiss the case....

No Notice to Cure Required for Tenant Who Assaulted Landlord

September 24, 2017    

Landlord sued to evict rent-stabilized tenant for creating a nuisance after sending tenant a 10-day termination notice. Landlord claimed that tenant constantly yelled and screamed profanities at a building...

Landlord Presented Insufficient Proof of Recurring Objectionable Conduct by Tenant

August 28, 2017    

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Landlord claimed that tenant complained to HPD about building conditions without giving landlord any advance notice of any complaints. Landlord...

Tenant's Assault Against Super Was Single Incident Insufficient to Prove Nuisance

August 27, 2017    

Landlord sued to evict rent-stabilized tenant for creating a nuisance, claiming that tenant threatened and struck the building super. As a result, the super filed a police report, was treated at a hospital, and...

Tenant Who Didn't Cure Nuisance Conditions Can Be Evicted

July 27, 2017    

Landlord sued to evict tenant for creating a nuisance. Landlord claimed that tenant created a "Collyer"-type condition with clutter and trash in the apartment. At the same time, tenant refused to comply...

Groton Nuisance Law Found Invalid by Court

July 20, 2017    

The Groton Village Board of Trustees passed the Property and Building Nuisance Law (Local Law No. 4 of 2014) to establish various methods by which a property could be identified as a public nuisance. The law included...

Claimed Chronic Nonpayment of Rent Didn't Amount to a Nuisance

June 27, 2017    

Landlord sued to evict rent-stabilized tenant for chronic nonpayment of rent. Landlord had brought five prior nonpayment cases against tenant since 2012. Tenant asked the court to dismiss the case because landlord...

Tenant Disputes Landlord's Clutter Claims and Case Dismissed

June 27, 2017    

Landlord sued to evict rent-stabilized SRO tenant, claiming that tenant kept the unit in an unclean and unsafe manner. Tenant asked the court to dismiss the case without a trial. She claimed that landlord's...

Tenant Who Threatened Other Tenants Can Be Evicted

June 26, 2017    

Landlord sued to evict rent-stabilized tenant for creating a nuisance by threatening and harassing at least 13 other building tenants. Tenant claimed that she was being harassed by the other tenants and felt unsafe...