Landlord Can Evict Tenant for Noise Disturbance

Landlord sued to evict tenant for objectionable conduct, claiming that tenant and her adult son caused unreasonable levels of noise in the building. The court ruled for landlord after a trial but gave tenant a two-year probation period to cure the behavior. The court also told landlord it could come back to court to seek eviction if tenant caused problems again. Landlord later claimed that tenant caused a significant noise disturbance in the building. The court ruled for landlord after a hearing. Tenant appealed and lost. Tenant, as well as two other tenants, testified that tenant's guest caused such a disturbance that he was arrested at the building. This wasn't an unforeseeable mishap, but was entirely predictable and consistent with tenant's past pattern of behavior. Landlord could proceed with eviction.

98-100 Avenue C HDFC v. Cambridge: NYLJ, 7/26/10, p. 26, col. 1 (App. T. 1 Dept.; McKeon, PJ, Shulman, Hunter Jr., JJ)