Landlord Can Sue Tenant for Nuisance Based on Long-Term Harassment

Landlord sued tenants of two rent-controlled apartments in State Supreme Court, seeking ejectment and money damages. Landlord claimed that tenants engaged in premeditated and malicious harassment for four years, designed to prevent landlord from collecting rents or effectively managing and operating the building. The court dismissed the case, finding that landlord should bring an action in housing court.
Landlord appealed and won. The appeals court found that landlord had shown a pattern of recurring objectionable conduct, which was intentional and unreasonable. The building had 26 apartments. Landlord claimed that tenants illegally altered plumbing in both apartments, switching the position of the sink and the bathtub, and added outlets, switches, and fixtures that created a hazardous electrical condition with exposed wiring. Tenants then complained to DOB that the plumbing and electric wiring in their apartments were defective, and DOB and ECB issued violations against landlord. HPD also issued 76 violations over three years based on conditions in tenants' apartments. Tenants then refused access to the apartments when landlord tried to make repairs to correct the violations. They also applied for rent reductions based on these conditions. There were no violations in any other apartments. Landlord presented a claim for nuisance, which it could pursue in Supreme Court.

Chelsea 18 Partners LP v. Mak: 2011 NY Slip Op 07740, 2011 WL 5220477 (App. Div. 1 Dept.; 11/3/11; Saxe, JP, Catterson, Acosta, Abdus-Salaam, Roman, JJ)