Landlord Can't Evict Tenant for Graffiti

October 31, 2011

LVT Number: #23698

Landlord sued to evict tenant of HUD project-based Section 8 apartment for criminal activity because tenant spray-painted graffiti in the building stairway. Tenant's lease also prohibited defacing the building and committing vandalism. The court ruled against landlord, finding that although tenant had placed the graffiti, this didn't threaten the health, safety, or right to peaceful enjoyment of other tenants. Landlord appealed and lost. The part of tenant's lease barring criminal activity referred to drug-related activity.

Landlord sued to evict tenant of HUD project-based Section 8 apartment for criminal activity because tenant spray-painted graffiti in the building stairway. Tenant's lease also prohibited defacing the building and committing vandalism. The court ruled against landlord, finding that although tenant had placed the graffiti, this didn't threaten the health, safety, or right to peaceful enjoyment of other tenants. Landlord appealed and lost. The part of tenant's lease barring criminal activity referred to drug-related activity. Tenant's graffiti was an isolated act, not drug-related, and not a threat to other tenants.

Sumet I Associates v. Irizarry: NYLJ, 10/5/11, p. 19, col. 1 (App. T. 2 Dept.; Pesce, PJ, Steinhardt, J; Golia, J [dissent])

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