Court Won't Apply CEEFPA Nuisance Exception to Case

April 23, 2021

LVT Number: #31347

Landlord sued to evict tenant for creating or permitting a nuisance. Landlord and tenant signed a settlement agreement in court by which tenant agreed to keep her two adult sons away from the apartment for as long as she continued to live there. Landlord later went back to court and claimed that tenant broke her agreement because there had been two more incidents involving the sons. Landlord sought a court hearing and eviction. Tenant claimed that the case should be delayed until at least May 1, 2021, under CEEFPA.

Landlord sued to evict tenant for creating or permitting a nuisance. Landlord and tenant signed a settlement agreement in court by which tenant agreed to keep her two adult sons away from the apartment for as long as she continued to live there. Landlord later went back to court and claimed that tenant broke her agreement because there had been two more incidents involving the sons. Landlord sought a court hearing and eviction. Tenant claimed that the case should be delayed until at least May 1, 2021, under CEEFPA. Landlord claimed that the CEEFPA exception for nuisance matters should apply.

The court ruled against landlord, finding that the behavior of tenant's sons shouldn't be attributed to tenant as unreasonable or persistent behavior that substantially interfered with other tenants' use and enjoyment. Since tenant had filed a CEEFPA hardship declaration, the case was stayed until May 1, 2021.

400 W. 59th St. Partners LLC v. Feliciano: Index No. 72377/16, NYLJ No. 1617094752 (Civ. Ct. NY; 3/1/21; Finkelstein, J)

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