Landlord Can Evict Tenant for Objectionable Conduct

(Decision submitted by Manhattan attorney Eileen O’Toole, who represented the landlord.)

Landlord sued to evict HUD Section 202/8 tenant based on tenant's objectionable conduct. Landlord and tenant signed a settlement agreement in court. A judgment and warrant were issued but stayed for a two-year probation period. Tenant agreed not to physically or verbally assault anyone. Landlord later went back to court and asked for immediate eviction based on tenant's violation of the settlement agreement. After a hearing, the court ruled for landlord. Tenant appealed and lost. The appeals court upheld the lower court's finding that tenant was confrontational and verbally abusive towards at least one other tenant, and two visitors, and that he punched a visitor in the face in the building lobby. Tenant then asked a higher court for permission to further appeal the case. The court ruled against tenant. Landlord could proceed with the eviction.

St. Margaret's House HDFC v. Hope: Index No. M-2715 (App. Div. 1 Dept.; Saxe, Friedman, Nardelli, Moskowitz, Richter, JJ)