Instances of Tenant Misconduct Didn't Amount to Nuisance

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Tenant had lived in the apartment for 43 years. Landlord presented to the court a letter signed by tenant where she admitted she engaged in a pattern of nuisance and agreed to refrain from such conduct in the future. Tenant argued that landlord's claim didn't amount to nuisance and asked the court to dismiss the case. The court ruled for tenant. Landlord's witnesses testified that tenant was difficult and made people uncomfortable. Tenant claimed she signed the letter to get landlord "off her back." The court found there were relatively few undesirable instances over the course of tenant's long-term tenancy and that landlord couldn't rely on the letter tenant signed without benefit of counsel. The conduct cited by landlord didn't amount to the level of nuisance.

Timston Corp. v. Kienzle: Index No. L&T55261/18, NYLJ No. 1564201492 (Civ. Ct. NY; 7/12/19; Katz, J)