Emotionally Disturbed Tenant Harassed Building Staff and Neighbors

Landlord sued to evict 79-year-old rent-controlled tenant for creating a nuisance. Landlord claimed that tenant harassed and interfered with the building super's performance of his duties and made loud noises directed at disturbing her upstairs neighbors. Tenant was represented by an attorney and a guardian ad litem (GAL) and, without admitting any wrongdoing, signed a settlement agreement that put her on probation for 15 months. Landlord returned to court more than once, claiming that tenant had violated the agreement. Initially, the court gave tenant a chance to seek counseling for help with her behavior.

But tenant refused to get help and, after a hearing, the court ruled for landlord. The building super credibly testified that tenant repeatedly called or rang his bell at all hours, threatened his family members, cursed at him, and made racial slurs. He said that tenant carried a metal bar that he was afraid she would injure someone with. Tenant made repeated claims that her apartment door locks were damaged, but they were always found to be working. Tenant also complained about sound waves from the apartment above hers. Upstairs neighbors credibly testified that tenant repeatedly yelled and cursed at them, banged on the ceiling, and called the police during the night falsely claiming that there were disturbances occurring in the upstairs apartment. They eventually broke their lease and moved out because of tenant. Videotape evidence showed tenant damaging the door of the upstairs apartment with a metal bar. Tenant also left repeated, harassing voicemail messages for the building's managing agent. In addition to harassing the super, managing agent, and upstairs tenants, tenant's repeated frivolous 911 calls to the police and fire department placed the entire community and neighborhood at risk since she was taking first responders' time away from other real emergencies. Landlord could proceed with eviction.

122 D Broadway, LLC v. Weinberg: 47 Misc.3d 1202(A), 2015 NY Slip Op 50362(U) (Civ. Ct. NY; 3/25/15; Kraus, J)