Court Gives Schizophrenic Tenant Who Started Fires Chance to Cure Nuisance Behavior

Landlord sued to evict rent-stabilized tenant for creating a nuisance. At trial, landlord showed that tenant caused two apartment fires in three months. The first fire, in tenant's bathtub, created a smoke condition but didn't damage the apartment or the building. The second fire occurred while tenant was out and was caused by carelessness, not deliberately. The court found that, while the pattern of conduct was a nuisance, tenant had since been diagnosed with schizophrenia and was now in a treatment program. As there was no proof of repeated nuisance behavior since tenant started treatment, the court gave landlord a judgment of possession but stayed execution on an eviction warrant to give tenant a chance to show he had cured the nuisance.

529 W. 29th LLC v. Reyes: Index No. 59512/17, NYLJ No. 1523848035 (Civ. Ct. NY; 3/26/18; Schneider, J)