Landlord Can't Prove Tenant Created Nuisance by Feeding Pigeons

Landlord sued to evict loft tenant in 2018, claiming that tenant created a nuisance. Landlord claimed that, through gross negligence, tenant substantially damaged the building and interfered with the comfort and safety of landlord and other tenants by feeding pigeons from her fire escape in front of the building and/or windowsill. This caused bird feed and fecal matter to fall from the fire escape to the street below and onto customers of a retail store on the ground floor. Landlord also observed potted plants, a bird feeder, and feeding pigeons on the windowsill, and said other tenants had complained.

The court ruled for tenant after conducting a trial, and dismissed the case. Tenant testified that, after landlord got a TRO against her in a prior case, she stopped feeding pigeons from her front fire escape in 2018. Tenant admitted that she fed pigeons from her rear window but assumed that this didn't bother anyone. And while landlord testified that tenant's conduct caused damage to the mortar at the building, clogged a drain, and caused flooding, there was no documentary evidence to prove the dates, times, and extent of the alleged damage. The court found no proof of damage caused by tenant since the undisputed date when she said she stopped feeding the pigeons from her front fire escape.

Gskp LLC v. Lee: Index No. 81542/18, 2021 NY Slip Op 50467(U)(Civ. Ct. NY; 5/5/21; Katz, J)