Fire in Tenant's Apartment Wasn't Result of Any Objectionable Conduct

Landlord sued to evict tenant for creating a nuisance. They signed a settlement agreement in court that put tenant on probation for 18 months during which tenant agreed not to bang or kick neighbors’ doors, play loud music, verbally abuse building residents or employees, and not to throw things from her apartment balcony. Landlord later claimed that tenant breached the agreement based on a fire in tenant’s apartment. Tenant credibly testified that she didn’t know how the fire started, although she believed that her grandchild may have started the fire by lighting something off the stove, then dropping it near some flammable materials. Tenant disputed the amount of smoke and water damage caused by the fire. The court ruled against landlord. There was no indication that the fire was like the behaviors prohibited by the probation agreement, and no indication that the fire was intentional or resulted from tenant’s negligence or recklessness. 

Ocean Gate LP v. Coleman: Index No. L&T 52564/15, NYLJ No. 1202782776549 (Civ. Ct. Kings; 3/6/17; Chinea, J)