No Proof CEEFPA Nuisance Exception Applied to Tenant

April 23, 2021

LVT Number: #31348

Landlord sued to evict tenant for creating a nuisance through harassing behavior. Tenant claimed retaliatory eviction and asked for a temporary stay of the case until May 1, 2021, under CEEFPA after filing a hardship declaration. The court noted that the CEEFPA contained an exception to the stay provision in cases where a tenant "persistently and unreasonably engaged in behavior substantially infringing on other tenants' use and enjoyment." Although the case was ready for trial, landlord presented no proof of tenant's continuing pattern of nuisance behavior.

Landlord sued to evict tenant for creating a nuisance through harassing behavior. Tenant claimed retaliatory eviction and asked for a temporary stay of the case until May 1, 2021, under CEEFPA after filing a hardship declaration. The court noted that the CEEFPA contained an exception to the stay provision in cases where a tenant "persistently and unreasonably engaged in behavior substantially infringing on other tenants' use and enjoyment." Although the case was ready for trial, landlord presented no proof of tenant's continuing pattern of nuisance behavior. So the court was unable to determine whether the case fell under the CEEFPA nuisance exception, and granted tenant a stay until May 1, 2021.

CG-N Affordable LLC v. Bolshakov: Index No. 75795/18, NYLJ No. 1615921738 (Civ. Ct. NY; 3/4/21; Katz, J)

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