Landlord Claims Tenant Caused Apartment Fire

Landlord sued to evict rent-stabilized tenant for wrongful conduct and violating a substantial obligation of her tenancy. A fire in tenant's apartment seriously damaged tenant's apartment and several other apartments. Landlord claimed that tenant caused the fire by wrongful conduct---overloading electrical outlets, improperly using extension cords, and accumulating large amounts of clutter in the apartment and outside hallway. Landlord also claimed that tenant substantially violated her tenancy obligations by not closing the apartment door when she left during the fire. The court ruled against landlord after trial. To claim wrongful conduct in violation of Rent Stabilization Code Section 2524.3, landlord had to start the eviction case within three months of the incident. Landlord didn't do so. And tenant had no duty to close the apartment door when escaping. The multiple dwelling law requires apartment doors to be self-closing.

F&E Realty Corp. v. Buksha: NYLJ, 7/13/05, p. 18, col. 1 (Sup. Ct. NY; James, J)