Incidents Didn't Violate Tenant's Probationary Agreement

Landlord sued to evict rent-stabilized tenant for creating a nuisance based on objectionable conduct. Landlord and tenant, who had an Article 81 guardian from the Foundation for Senior Citizens and Guardian Services, signed a stipulation in June 2024 putting tenant on probation for two years. A few months later, landlord brought the case back to court, claiming that tenant had violated the stipulation.

The court held a hearing where landlord's front desk clerk testified that one evening tenant sat in his wheelchair in the lobby drinking vodka out of a bottle, and that he saw tenant with a vodka bottle every day, and that tenant made "fresh" comments to women passersby. A second clerk also gave similar testimony re: tenant's drinking in the lobby. The clerk later observed tenant via live video footage  one day lying down in the laundry room and crawling into a washing machine. No one else was in the laundry room, and tenant went to his apartment after the incident. 

The court ruled against landlord, finding that the witness testimony lacked specific enough details to show violation of the probation. Landlord described one incident where tenant acted somewhat erratically in the laundry room. But the witness admitted that no other tenant was present and there was no indication that the incident caused substantial interference with any other resident's peaceful enjoyment in their apartments or common areas. The court also found that the incident didn't substantially interfere with the witness's ability to conduct his responsibilities and duties as landlord's employee. 

T Bldg. LLC v. D.C.: Index No. L&T 320351/23, NYLJ, Jan. 31, 2025, p. 17, col. 3 (Civ. Ct. Queens; 1/31/25; Guthrie, J)