Did Single Incident of Vandalism by Tenant's Guest Violate Lease?

February 17, 2014

LVT Number: #25305

Landlord sued to evict HUD tenant for violating her lease by permitting criminal activity in her apartment. The court granted tenant's request to dismiss the case before filing an answer. Landlord appealed, and the case was reopened. Landlord's petition claimed that tenant's guest intentionally vandalized the building by purposely smashing the glass lobby door at 1 a.m. one morning. Landlord claimed that this activity violated both tenant's lease and Penal Law Article 145 because it threatened the health, safety, or right to peaceful enjoyment by other tenants.

Landlord sued to evict HUD tenant for violating her lease by permitting criminal activity in her apartment. The court granted tenant's request to dismiss the case before filing an answer. Landlord appealed, and the case was reopened. Landlord's petition claimed that tenant's guest intentionally vandalized the building by purposely smashing the glass lobby door at 1 a.m. one morning. Landlord claimed that this activity violated both tenant's lease and Penal Law Article 145 because it threatened the health, safety, or right to peaceful enjoyment by other tenants. Whether other tenants were threatened was a question of fact that required a trial rather than premature dismissal of the case. The case was reopened and sent back to housing court.

Jamie's Place I LLC v. Cardi: 2014 NY Slip Op 24019, 2014 WL 299112 (App. T. 1 Dept.; 1/28/14; Lowe III, PJ, Shulman, Torres, JJ)

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