Several Fire Incidents Within 24 Hours Doesn't Prove Tenant Nuisance

Landlord sued to evict a Mitchell-Lama co-op shareholder tenant based on illegal sublet, failure to report household composition and income, overcrowding, and nuisance.

The trial court ruled against landlord and dismissed the case. Landlord claimed that tenant violated her Cooperative Occupancy Agreement as well as DHCR rules and regulations by illegally subletting or assigning the apartment, failing to report her complete household composition and income accurately, overcrowding by allowing seven people to occupy her two-bedroom apartment while DHCR regulations limited occupancy to no more than four people, and creating or permitting a nuisance since one subtenant started fires in the unit on numerous occasions.

Landlord sent tenant a 10-day notice to cure, then took no action until sending a termination notice eight months later. There were no further incidents during that time. The termination notice also didn't state any facts indicating that the cited behavior hadn't been cured. In addition, the series of fires that occurred over a 24-hour period in November 2017 essentially constituted one incident. So landlord failed to prove a "pattern of continuity or recurrence of objectionable conduct." There also was no proof of overcrowding. 

Riverbay Corp. v. Scott: Index No. 39900/2018, 2020 NY Slip Op 50366(U)(Civ. Ct. Bronx; 3/25/20; Lutwak, J)