Landlord Can't Evict Tenant

Landlord sued to evict 74-year-old rent-controlled tenant for nuisance after one violent altercation in her apartment involving tenant and her adult son, who lived with her. Landlord and tenant signed a settlement agreement in court in 2005. Tenant agreed to refrain from threatening building staff or other tenants, and to "permanently exclude" her son from the apartment. Four and a half years later, landlord went back to court, claiming that tenant violated the agreement by letting her son return to the apartment. After a hearing, the court ruled that landlord could evict tenant. Tenant appealed and won. Landlord offered no specific proof as to the frequency or duration of the son's presence in the apartment. Landlord also didn't claim that the son had interfered with building staff or other tenants during the prior five years. Under the circumstances, tenant's technical violation of the settlement agreement didn't warrant eviction.

160 West 118th Street Corporation v. Gary: NYLJ, 4/25/11, p. 20, col. 1 (App. T. 1 Dept.; Lowe, PJ, Shulman, Hunter, JJ)