Landlord Gets TRO Against Tenant Who Refused to Wear Mask

May 25, 2021

LVT Number: #31416

Landlord filed an emergency order to show cause for injunctive relief and a temporary restraining order (TRO) against tenant, based on claims of offensive and nuisance conduct creating health-related and safety risks affecting other building residents. Landlord claimed that tenant refused to wear a mask or socially distance in common areas of the building, including the gym, in violation of his lease. Landlord had posted COVID-19 safety precaution signs in the building's common areas. Two building staff members testified that tenant was consistently seen in the building without a mask.

Landlord filed an emergency order to show cause for injunctive relief and a temporary restraining order (TRO) against tenant, based on claims of offensive and nuisance conduct creating health-related and safety risks affecting other building residents. Landlord claimed that tenant refused to wear a mask or socially distance in common areas of the building, including the gym, in violation of his lease. Landlord had posted COVID-19 safety precaution signs in the building's common areas. Two building staff members testified that tenant was consistently seen in the building without a mask. The court ruled for landlord and granted a TRO requiring tenant to comply with the contractual obligations of his lease. Landlord showed a likelihood of success on the merits of its claim that tenant breached his lease, as well as NYC laws requiring the wearing of masks.

19 India Fee Owner LLC v. Miller: 2021 NY Slip Op 30816(U), NYLJ No. 1618951861 (Sup. Ct. Kings; 3/11/21; Joseph, J)

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