Landlord Didn't Prove Tenant Removed Smoke Detectors or Caused Fire

August 21, 2018

LVT Number: #28587

Landlord sued to evict rent-stabilized tenant for creating a nuisance by repeatedly removing smoke detectors from her apartment and ultimately causing a fire at the building. Tenant testified at trial that she had complained to HPD about electrical wiring issues and that, on the day of the fire, she heard spark noises from the circuit box. She also said that landlord replaced the smoke detector only once, in 2013. The court ruled against landlord, finding that it failed to prove that tenant committed a nuisance.

Landlord sued to evict rent-stabilized tenant for creating a nuisance by repeatedly removing smoke detectors from her apartment and ultimately causing a fire at the building. Tenant testified at trial that she had complained to HPD about electrical wiring issues and that, on the day of the fire, she heard spark noises from the circuit box. She also said that landlord replaced the smoke detector only once, in 2013. The court ruled against landlord, finding that it failed to prove that tenant committed a nuisance. Lease riders stated only that tenant was aware of a responsibility to change the detector's batteries, not that a new detector had been installed. Landlord also didn't prove that removal of smoke detectors caused the fire.

K-R Bldg. Corp. v. Morales: Index No. 53402/2016, NYLJ No. 1531679519 (Civ. Ct. Queens; 6/28/28; Hoyos, J)

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