Landlord Delayed in Seeking Removal of Tenant's Outdoor Security Cameras

Landlord sued to evict tenant for violating a substantial obligation of his tenancy by installing security cameras outside his apartment on an exterior building wall. The court granted tenant's request to dismiss the case. Tenant claimed that he installed the cameras with prior landlord's knowledge in 2009, after his car was vandalized. Tenant also claimed that current landlord or its agent knew since 2015 about the cameras, which overlooked a public street and were conspicuously positioned outside tenant's window. The court found that, although there was a lease violation, landlord waived it by its delay in seeking removal of the cameras. Landlord accepted rent from tenant since it got constructive notice of the cameras and offered tenant renewal leases. Landlord presented no proof that the cameras posed a danger to tenants or pedestrians or damaged the property.

5507-58 Linden Blvd. Brooklyn LLC v. San Pablo: Index No. 74079/19, NYLJ No. 1618953028 (Civ. Ct. Kings; 2/14/21; McClanahan, J)