Eviction Case Delayed Pending Outcome of Criminal Case

February 1, 2010

LVT Number: #22417

Landlord sued to evict rent-stabilized tenant for creating a nuisance after tenant was arrested on old warrants and a shotgun was found in her apartment. Tenant asked the court to delay the eviction case so that she wouldn’t be forced to testify against herself. Landlord argued that a delay would allow a potentially dangerous situation to continue while the criminal case was pending. The court ruled for tenant. Landlord didn’t claim that tenant was illegally using her apartment in any ongoing criminal enterprise.

Landlord sued to evict rent-stabilized tenant for creating a nuisance after tenant was arrested on old warrants and a shotgun was found in her apartment. Tenant asked the court to delay the eviction case so that she wouldn’t be forced to testify against herself. Landlord argued that a delay would allow a potentially dangerous situation to continue while the criminal case was pending. The court ruled for tenant. Landlord didn’t claim that tenant was illegally using her apartment in any ongoing criminal enterprise. Also, the shotgun had been seized and there was no other proof that a dangerous situation continued. Tenant’s Fifth Amendment rights outweighed landlord’s concerns.

Plaza Residences LP v. Lake: NYLJ, 1/4/10, p. 18, col. 3 (Civ. Ct. Kings; Finkelstein, J)

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