Landlord Can Evict Elderly Rent-Stabilized Tenant for Objectionable Conduct

Landlord sued to evict elderly rent-stabilized tenant for creating a nuisance. Landlord claimed that tenant was interfering with other tenants' comfort and rights by urinating and defecating in wheelchairs, and leaving the urine-soaked wheelchairs in the building hallways with foul odors permeating the building. Tenants also stated that tenant exposed himself by walking through the building with his pants down. The court appointed a guardian ad litem (GAL) for tenant. Landlord and tenant then signed a settlement agreement putting tenant on probation for two years. Landlord later went back to court and asked for a judgment and warrant, stating that tenant had violated the settlement agreement. The court ruled for landlord. Three tenants and the building manager testified about details showing that tenant's prior objectionable conduct continued. Tenant also played loud music at all hours.

1202 Avenue K LLC v. Humphrey: Index No. 82666/16, NYLJ No. 1535694969 (Civ. Ct. Kings; 8/24/18; Ortiz, J)