Recurring Objectionable Conduct May Qualify as Nuisance

April 1, 2005

LVT Number: 18031

Landlord sued to evict tenants for creating a nuisance. Landlord claimed that tenants threatened, cursed at, and called the police on neighbors, played music very loudly, and banged on the ceiling. Neighboring tenants moved out. Landlord also had moved tenants from the fourth floor to the sixth floor to resolve problems between tenants and neighbors. But the nuisance behavior continued. Tenants asked the court to dismiss the case without a trial. They argued that landlord's nuisance claim was based improperly on incidents that occurred before they switched apartments.

Landlord sued to evict tenants for creating a nuisance. Landlord claimed that tenants threatened, cursed at, and called the police on neighbors, played music very loudly, and banged on the ceiling. Neighboring tenants moved out. Landlord also had moved tenants from the fourth floor to the sixth floor to resolve problems between tenants and neighbors. But the nuisance behavior continued. Tenants asked the court to dismiss the case without a trial. They argued that landlord's nuisance claim was based improperly on incidents that occurred before they switched apartments. The court ruled against tenants. Landlord could show a recurring pattern of objectionable conduct based on incidents that occurred at either apartment.

600 W. 218th St. Assoc. v. Ugweches: NYLJ, 3/23/05, p. 18, col. 3 (Civ. Ct. NY; Lai, J)

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