Apartment Damage Insufficient Grounds for Eviction

October 31, 2009

LVT Number: #22234

Landlord, a nonprofit housing project, terminated tenant's lease after an informal grievance hearing. Landlord found that tenant violated her lease by damaging the apartment and attached garage door. Landlord then sued to evict tenant. The court ruled for tenant and dismissed the case. Tenant had cured the messy housekeeping that was the basis of the case. This was insufficient grounds for eviction. And although landlord made its own determination after an informal hearing, it wasn't a governmental agency ruling. The court was entitled to make its own ruling on the facts.

Landlord, a nonprofit housing project, terminated tenant's lease after an informal grievance hearing. Landlord found that tenant violated her lease by damaging the apartment and attached garage door. Landlord then sued to evict tenant. The court ruled for tenant and dismissed the case. Tenant had cured the messy housekeeping that was the basis of the case. This was insufficient grounds for eviction. And although landlord made its own determination after an informal hearing, it wasn't a governmental agency ruling. The court was entitled to make its own ruling on the facts.

Millenium Hills Housing Development Fund Corp. v. Patterson: NYLJ, 10/23/09, p. 28, col. 1 (Dist. Ct. Suffolk; Hackeling, J)

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