Landlord Can Evict Tenant for Continual Complaints

January 11, 2012

LVT Number: #23850

Landlord sued to evict tenant for creating a nuisance and asked the court to rule without a trial. The court ruled against landlord, who appealed and won. Landlord showed that tenant repeatedly filed complaints against landlord with the DHCR and HPD, and also started HP proceedings against landlord in housing court. This resulted in violations for conditions in the apartment. Tenant then refused to allow landlord, the DHCR, and court personnel into the apartment to inspect and repair the conditions. This conduct continued during the eviction proceeding.

Landlord sued to evict tenant for creating a nuisance and asked the court to rule without a trial. The court ruled against landlord, who appealed and won. Landlord showed that tenant repeatedly filed complaints against landlord with the DHCR and HPD, and also started HP proceedings against landlord in housing court. This resulted in violations for conditions in the apartment. Tenant then refused to allow landlord, the DHCR, and court personnel into the apartment to inspect and repair the conditions. This conduct continued during the eviction proceeding. Tenant claimed only that his refusals to provide access were justified. Tenant's behavior constituted a nuisance, and tenant raised no defense that required a trial.

Pefko Realty LLC v. Nissim: 34 Misc.2d 129(A), 2011 NY Slip Op 52304(U) (App. T. 2 Dept.; 12/19/11; Pesce, PJ, Rios, Steinhardt, J)

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