Landlord Can't Show Tenant's Conduct Triggered CEEFPA Stay Exception

Landlord sued to evict tenant for creating a nuisance. Tenant asked the court to delay any processing of the case. Tenant argued that the COVID-19 Emergency Eviction and Foreclosure Prevention Act (CEEFPA) stayed the case because tenant filed a Hardship Declaration. Landlord claimed that the CEEFPA exception to any stay applied in this case, based on tenant's persistently and unreasonably "engaging" in nuisance-type conduct. The court ruled for tenant and stayed the proceeding while the eviction moratorium was in place. Landlord's agent stated that tenant brought discarded items from the street into the building in June 2016, October 2016, August 2018, and October 2019, and that this created a bedbug condition. Landlord claimed that tenant's behavior was causing substantial safety hazards and infringed on the use and enjoyment of the building by other residents. The court found that landlord's claims only stated a conclusion and otherwise insufficient facts. A nuisance claim indicates ongoing objectionable activity. But landlord's agent stated that the last instance of the objectionable conduct occurred in October 2019. The eviction proceeding was commenced in 2020.

Regency Gardens Co. v. Yoshevayev: Index No. L&T52420/20, 2021 NY Slip Op 21091, NYLJ No. 1618953778 (Civ. Ct. Queens; 4/9/21; Guthrie, J)