Appeals Court Vacates Eviction Stay Granted After Landlord Proved Tenant's Objectionable Conduct

Landlord sued to evict Section 8 tenant for objectionable conduct affecting the health or safety of other tenants and persons. At trial, landlord showed that over several years, tenant exposed himself and screamed curse words and threats to "rape" or "kill" neighbors and guests, including children, in the common areas of the building complex. He also watched TV and played music at extremely loud volume between 10 p.m. and 6 a.m. The trial court ruled for landlord but granted a stay on the eviction warrant until January 2025 as long as tenant refrained from any of the conduct proved at trial. Landlord objected to the stay and appealed that part of the court's decision. The appeals court ruled for landlord. It was error for the trial court to grant tenant a probationary stay with an opportunity to cure under the circumstances. Tenant's behavior was objectionable, and the court had awarded landlord a judgment of possession.

Marine Terrace Pres. LP v. Arabadjis: Index No. 2022-397, 2023 NY Slip Op 50298(U), NYLJ No. 1680452933 (App. T. 2 Dept.; 3/24/23; Toussaint, PJ, Munda, Ottley, JJ)