Isolated Incidents Don't Warrant Eviction

September 30, 1998

LVT Number: 12712

Landlord sued to evict rent-stabilized tenant for nuisance. Landlord claimed that tenant damaged the building and interfered with the comfort and safety of other tenants. The court ruled against landlord. Tenant had lived in the building for 20 years. Although landlord claimed that tenant had excessively noisy children, flooded the apartment, and threw garbage out the window, the court found that these were isolated incidents and that landlord didn't prove nuisance on tenant's part.

Landlord sued to evict rent-stabilized tenant for nuisance. Landlord claimed that tenant damaged the building and interfered with the comfort and safety of other tenants. The court ruled against landlord. Tenant had lived in the building for 20 years. Although landlord claimed that tenant had excessively noisy children, flooded the apartment, and threw garbage out the window, the court found that these were isolated incidents and that landlord didn't prove nuisance on tenant's part. The court also found that landlord was retaliating because tenant won an order requiring violations to be fixed.

442 Sterling Pl. Realty Corp. v. Smith: NYLJ, p. 28, col. 5 (9/30/98) (Civ. Ct. Kings; Wendt, J)

Topics

More like this