Landlord's Termination Notice Didn't State Sufficient Nuisance Facts

Facts: Landlord sued to evict tenant for creating a nuisance. Landlord's termination notice claimed that tenant engaged in a course of conduct intending to harass the building's management staff, that this conduct was destructive to the well-being of the whole building, and that it violated tenant's lease. The notice stated the following factual claims: In August 2004, tenant disrupted a news conference with landlord's director through loud behavior and had to be restrained by the building's security staff and his case manager. Later that month, tenant verbally abused the building's management staff while picketing in front of the building. In January 2004, the case manager reported that tenant didn't cooperate with the terms of a required monthly visit with the case manager. Also, tenant complained to HPD about heat and hot water, but HPD inspection found no violations. Landlord also claimed that tenant didn't cooperate with caseworkers to update required psychological evaluations, and used drugs against the advice of his caseworkers. Tenant claimed that landlord's termination notice didn't state enough facts to support a claim of nuisance, and asked the court to dismiss the case. Court: Tenant wins. Landlord claimed that tenant violated a lease provision stating that ``no physical violence or threat of violence will be permitted,'' and another lease provision barring tenant's possession, use, sale, or purchase of illicit drugs. Although tenant has severely criticized landlord, no facts were asserted in the termination notice claiming that tenant engaged in physical violence or threatening behavior. There also was no claim that tenant used, sold, or bought illegal drugs at the building. The facts stated in the termination notice also didn't show repeated or continuous incidents.

Black Veterans for Social Justice, Inc. v. Killeen: NYLJ, 3/14/07, p. 18, col. 1 (Civ. Ct. NY; Martino, J)