Police Raid at Apartment Resulting in Arrest of Non-Tenants Didn't Prove Tenant Nuisance

Landlord sued to evict rent-stabilized tenant based on illegal subletting and nuisance. The court granted tenant’s request to dismiss the case. Landlord’s notice claimed that tenant illegally sublet her apartment to several occupants and that if she failed to cure, the tenancy would be terminated. But landlord’s notice didn’t state that tenant didn't reside at the apartment or state how she should cure. The notice was dated 11 months after several people were arrested in the apartment under a search warrant. Tenant claimed that she lived in the apartment with her daughter and that the two men arrested there were her and the daughter’s boyfriends who didn’t live in the apartment. Neither tenant nor her daughter were arrested or charged with any crimes. Landlord’s notice described only one act, and failed to state how the police raid was evidence of tenant’s misconduct or caused landlord or other tenants harm. There was no claim of an ongoing nuisance-type behavior.

1120 Bergen Str. LLC v. Beckford: Index No. 062365/2016, NYLJ No. 1202765154516 (Civ. Ct. Kings; 8/5/16; Sikowitz, J)