Landlord Can't Evict Tenant Whose Son Visited Briefly

Landlord sued to evict tenant based on her son’s criminal activity. Landlord and tenant signed a probationary stipulation in court. Tenant agreed to exclude her son from the apartment. Landlord later asked a court for permission to execute the eviction warrant based on tenant’s failure to comply with the settlement agreement. The court ruled for landlord. Tenant appealed and won. Tenant’s son came to tenant’s door on one occasion to discuss funeral arrangements for his father. Tenant testified that this visit was short and that she didn’t let the son into the apartment. Landlord’s witness claimed that the son did enter the apartment. The appeals court found that strict enforcement of the probationary agreement was unwarranted. Tenant didn’t invite her son to the apartment, and there was only one proven visit two and one half years after the stipulation was signed in court. Any violation of the stipulation was insufficient to terminate the tenancy.

Dubor Associates v. Richburg: 2015 NY Slip Op 25277, 2015 WL 4938447 (App. T. 2 Dept.; 8/6/15; Pesce, PJ, Aliotta, Elliot, JJ)