HUD Tenant's Behavior Didn't Amount to Material Noncompliance with Her Lease

July 20, 2016

LVT Number: #27085

Landlord sued to evict HUD tenant for material noncompliance with her lease because tenant yelled and cursed at landlord’s employees in the management office. Landlord also claimed that, on another occasion, tenant left her minor children unattended in the management office. The court granted tenant’s request to dismiss the case, finding that tenant’s behavior was a minor violation, and not a breach of a substantial obligation of her tenancy.

Landlord sued to evict HUD tenant for material noncompliance with her lease because tenant yelled and cursed at landlord’s employees in the management office. Landlord also claimed that, on another occasion, tenant left her minor children unattended in the management office. The court granted tenant’s request to dismiss the case, finding that tenant’s behavior was a minor violation, and not a breach of a substantial obligation of her tenancy. Landlord failed to show that tenant’s actions were repeated minor violations that rose to the level of material noncompliance with her lease. They were isolated incidents that didn’t threaten the health or safety of other tenants.

 

 

 

Baltic Co. v. Karuby: Index No. 52350/2015, NYLJ No. 1202759979096 (Civ. Ct. Staten Island, 5/25/16; Slade, J)

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