Nuisance and Lease Violation Claims Against Rent-Stabilized Tenant Dismissed

Landlord sued to evict rent-stabilized tenant with a Section 8 housing voucher for creating a nuisance and for breaching her lease. Landlord had sent tenant a notice to cure before proceeding in court. Landlord claimed that tenant committed gross negligence, substantially damaging the apartment or engaging in conduct that interfered substantially with the comforts and safety of other tenants. Landlord stated that tenant failed to provide proper access to the apartment and on several occasions refused access to permit landlord to abate Housing Quality Standards (HQS) violations that the DHCR and HPD imposed on Section 8 voucher recipients. Landlord claimed that tenant also was abusive to workers sent to abate apartment conditions. Landlord also said that tenant had installed a washing machine, in violation of her lease, which caused flooding in her apartment. The court granted tenant's request to dismiss the case.

The court found that tenant's claimed actions didn't rise to the level of incurable nuisance behavior. Because nuisance behavior is deemed so substantial and persistent as to be incapable of remediation, no opportunity to cure is required. Landlord didn't claim that the washing machine installation affected other tenants and cited only two occasions where tenant failed to provide proper access for repairs. This wasn't recurring behavior. Claims that tenant removed kitchen cabinets and damaged countertops were more in the nature of curable unlawful alterations. In connection with landlord's violation of lease obligation claim, landlord's termination notice provided no specific information as to how tenant had failed to cure the conditions cited in its notice to cure. The allegations that tenant hadn't cured the violations cited in the notice to cure were unparticularized conclusions rather than specific details.

Lexington Ave LP v. Clement: Index No. 325178/23, 2024 NY Slip Op 50987(U)(Civ. Ct. Kings; 7/25/24; Bacdayan, J)