Insufficient Proof Tenant’s Dog Created a Nuisance

October 20, 2015

LVT Number: #26566

Landlord sued to evict tenant from federally subsidized apartment for nuisance based on a violation of the building’s no-pet policy. One of tenant’s dogs bit another tenant. The other tenant had sued landlord, and the building’s insurance premium was increased. Tenant asked the court to dismiss the case, claiming that the dog bite incident occurred in 2011 and was the only incident involving her dog. Landlord also waited more than 90 days to seek tenant’s eviction for keeping the dogs. The court ruled for tenant and dismissed the case.

Landlord sued to evict tenant from federally subsidized apartment for nuisance based on a violation of the building’s no-pet policy. One of tenant’s dogs bit another tenant. The other tenant had sued landlord, and the building’s insurance premium was increased. Tenant asked the court to dismiss the case, claiming that the dog bite incident occurred in 2011 and was the only incident involving her dog. Landlord also waited more than 90 days to seek tenant’s eviction for keeping the dogs. The court ruled for tenant and dismissed the case. Landlord didn’t show that there was a pattern of objectionable or recurring conduct.

 

 

 
Kismo Apartments, LLC v. Morales: Index No. 505108/15, NYLJ 1202737081776 (Civ. Ct. Staten Island; 8/31/15; Moser, J)

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