Overcrowding of Apartment

November 1, 2001

LVT Number: 15352

Landlord sued to evict month-to-month tenant after sending tenant a 30-day termination notice. Tenant claimed retaliatory eviction and that landlord had no good cause for the eviction. The court ruled for landlord. Tenant appealed and lost. Tenant was a Section 8 tenant in the past, but wasn't at the time landlord sued to evict him, so landlord didn't have to show any good cause for the eviction. Tenant couldn't claim that the eviction case was retaliatory because tenant's complaint to DOB was made after landlord started the case.

Landlord sued to evict month-to-month tenant after sending tenant a 30-day termination notice. Tenant claimed retaliatory eviction and that landlord had no good cause for the eviction. The court ruled for landlord. Tenant appealed and lost. Tenant was a Section 8 tenant in the past, but wasn't at the time landlord sued to evict him, so landlord didn't have to show any good cause for the eviction. Tenant couldn't claim that the eviction case was retaliatory because tenant's complaint to DOB was made after landlord started the case. And landlord would have had good cause to evict tenant, anyway, in light of the apartment overcrowding.

Almarah v. Kelly: NYLJ, 10/17/01, p. 23, col. 2 (App. T.2 Dept.; Scholnick, JP, Aronin, Rios, JJ)

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