Nuisance Tenant Can't Delay Eviction

August 31, 2004

LVT Number: 17585

Landlord asked HPD for a certificate of eviction against tenant based on tenant's nuisance. HPD ruled for landlord, and tenant appealed. The court dismissed tenant's court challenge to HPD's ruling. Landlord then sued to evict tenant. The court ruled for landlord. Tenant then asked the court to delay eviction so that tenant could correct the condition. The court ruled against tenant, and tenant appealed. The appeals court again ruled against tenant. HPD found that tenant's conduct constituted a nuisance that warranted eviction. No ten-day cure period applied to HPD's ruling.

Landlord asked HPD for a certificate of eviction against tenant based on tenant's nuisance. HPD ruled for landlord, and tenant appealed. The court dismissed tenant's court challenge to HPD's ruling. Landlord then sued to evict tenant. The court ruled for landlord. Tenant then asked the court to delay eviction so that tenant could correct the condition. The court ruled against tenant, and tenant appealed. The appeals court again ruled against tenant. HPD found that tenant's conduct constituted a nuisance that warranted eviction. No ten-day cure period applied to HPD's ruling.

Tri-Faith Housing Co., Inc. v. Fitzgerald: NYLJ, 8/19/04, p. 27, col. 1 (App. T. 1 Dept.; McCooe, JP, Davis, Gangel-Jacob, JJ)

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