Landlord Can Evict Tenant Who Punched Visitor

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

Facts: Landlord sued to evict HUD Section 202/8 tenant based on tenant's objectionable conduct. After the trial began, 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, not to harass anyone, and to behave in a peaceful manner at the building during this time. Landlord later went back to court and asked for immediate eviction based on tenant's violation of the settlement agreement. After a hearing where witnesses testified that tenant punched a visitor, harassed another visitor, and verbally assaulted another tenant, the court ruled for landlord. Tenant appealed.

Court: Tenant loses. Tenant was represented by attorneys and a guardian ad litem when he signed the agreement, which he later violated. Hearing testimony and other proof showed that tenant was confrontational and verbally abusive toward at least one other tenant, as well as two visitors to the building. Tenant also punched a visitor in the face in the building lobby. The court didn’t believe tenant, who claimed that he didn’t hit the visitor. Tenant admitted only knocking a cell phone out of the visitor’s hand, but even this was a violation of the agreement. Landlord could proceed with the eviction.

St. Margaret’s House HDFC v. Hope: NYLJ, 2/11/10, p. 34, col. 5 (App. T. 1 Dept.; Schoenfeld, JP, Shulman, Hunter, JJ)