Landlord Claims Tenant Operated a Bakery in Her Apartment

Landlord sued to evict rent-stabilized tenant for creating a nuisance by operating a commercial bakery out of her apartment while also renting rooms to a series of boarders. Tenant claimed that landlord's termination notice was fatally defective and asked the court to dismiss the case. The court ruled for tenant.

Landlord appealed and lost. Rent Stabilization Code Section 2524.3(b) describes a nuisance as "a recurring or continuing pattern of objectionable conduct threatening the comfort and safety of others." Landlord's notice didn't contain enough detail to permit tenant to prepare a defense to a nuisance claim. The notice claimed only that tenant was illegally and clandestinely operating a commercial bakery out of the premises and that during one inspection, landlord observed unspecified commercial grade baking appliances and equipment along with "substantial quantities of food and garbage." Without supporting facts, the notice also claimed that the living room area was used as a "supply closet" for the bakery. Landlord's claims were too broad and conclusory to describe a nuisance. Landlord also didn't sufficiently describe its claim of illegally rented rooms to support a claim of short-term rentals.

157 Broadway Associates, LLC v. Berroa: Index No. 570860/18, 2018 NY Slip Op 51942(U)(App. T. 1 Dept.; 12/28/18; Ling-Cohan, PJ, Gonzalez, Cooper, JJ)