Landlord Didn't Prove Tenant Nuisance at Trial

Landlord sued to evict rent-stabilized tenant for: (a) refusing to provide access for repairs; (b) committing or permitting a nuisance; and (c) refusing to renew an expiring lease. Tenant claimed harassment and retaliation by landlord.

After trial, the court ruled against both landlord and tenant, and dismissed the case. Nuisance is defined as a recurring or continuing pattern of objectionable conduct by a tenant that threatens the comfort and safety of others in the building. Although landlord claimed that tenant threatened the building super and other employees, and permitted water to leak into the apartment below and cause damage, landlord's employees didn't testify as to what the claimed threats were and when they were made with any details. No proof was presented that tenant had caused water to leak into the apartment below hers. Tenant stated that she had problems in her own bathroom and kitchen and had complained to HPD.

Landlord also didn't prove that tenant unreasonably refused access to landlord's workers to make repairs. Although landlord presented letters to tenant requesting five different access dates in 2018, landlord didn't show that it followed through on the letters by sending workers on the requested dates or that tenant "unreasonably refused" to provide access for repairs. The renewal lease issued apparently was resolved by the parties by stipulation. Tenant didn't present sufficient proof of harassment or retaliatory eviction.

Renewal Realty Corp. v. Almonte: 62 Misc.3d 1220(A), 2019 NY Slip Op 50190(U) (Civ. Ct. Bronx; 2/21/19; Lutwak, J)