Court Issues Ruling Finding Tenant Nuisance Despite Tenant's Failure to Appear

Landlord sued to evict rent-stabilized tenant for breaching his lease by making excessive noise. Tenant failed to appear on the first court date, and the court scheduled an inquest. Before the inquest date, landlord asked the court to make a summary ruling instead.

The court ruled for landlord. Under RPAPL Section 731(2) all proceedings other than nonpayment proceedings contemplate an inquest hearing when the respondent does not appear. Inquests are customary in such circumstances but are not mandatory. The court can consider landlord's request for summary judgment.

Landlord's motion papers included relevant lease records and sworn statements by both its agent and a tenant, who detailed dates and time-specific claims of excessive noised caused by loud music late at night from tenant's apartment. But the court couldn't determine if the claimed conduct was sufficiently objectionable so as to preclude the mandatory 30-day cure provided for by law. Given the policy of the court to avoid the needless forfeiture of rent-regulated housing, the court stayed issuance of a warrant for 30 days from service of its order to provide tenant with a chance to cure by ceasing all objectionable conduct. Landlord could restore the case to the court calendar on or before Oct. 13, 2023, if the objectionable conduct wasn't cured.

HLP1 MRU LLC v. Ishrak: Index No. LYT 301076/2023, 2023 NY Slip Op 50837(U)(Civ. Ct. Queens; 7/11/23; Schiff, J)