Landlord Can Evict Tenant Who Repeatedly Complained to HPD

December 23, 2018

LVT Number: #29797

Landlord sued to evict tenant for creating a nuisance. Landlord claimed that tenant continually and repeatedly complained to HPD about apartment conditions, then refused to permit landlord to correct issued violations. The trial court ruled for landlord. Tenant appealed and lost. Tenant then appealed to a higher court and lost again. Tenant admitted that she complained to HPD many times without prior notice to landlord of claimed conditions, and that she had window guards removed in order to install air conditioners in her windows.

Landlord sued to evict tenant for creating a nuisance. Landlord claimed that tenant continually and repeatedly complained to HPD about apartment conditions, then refused to permit landlord to correct issued violations. The trial court ruled for landlord. Tenant appealed and lost. Tenant then appealed to a higher court and lost again. Tenant admitted that she complained to HPD many times without prior notice to landlord of claimed conditions, and that she had window guards removed in order to install air conditioners in her windows. Tenant didn't deny that she sometimes denied access to the exterminator. Tenant also refused to give landlord access to encapsulate walls and replace the bathroom floor to correct conditions.

The appeals court found that tenant's actions had the potential to compromise the health and safety of the building's other residents, and that this constituted a nuisance. In light of tenant's history of obstinance, her nuisance conduct wasn't capable of any meaningful cure.

Strata Realty Corp. v. Pena: 86 N.Y.3d 74, 2018 NY Slip Op 07350 (App. Div. 1 Dept.; 11/1/18; Acosta, PJ, Sweeny, Manzanet-Daniels, Gesmer, Singh, JJ)

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