Smoking by Rent-Stabilized Tenants Didn't Create a Nuisance

Landlord sued to evict rent-stabilized tenants for creating a nuisance by smoking cigarettes inside their apartment. Tenants asked the court to dismiss the case without a trial. The court ruled for tenants. Landlord appealed and lost. The court record showed that, as a matter of law, the tenants' "conduct in smoking in the privacy of their own apartment was not so unreasonable in the circumstances presented" as to constitute a nuisance. While acknowledging that Rent Stabilization Code Section 2524.3(b) permitted eviction of tenants for creating or permitting a nuisance and that a nuisance was "a condition that threatens the comfort and safety of others in the building," the court pointed to other case law stating that "persons living in organized communities must suffer some damage, annoyance and inconvenience from each other. If one lives in the city he must expect to suffer the dirt, smoke, noisome odors and confusion incident to city life."

Priceman Family, LLC v. Kerrigan: Case No. 2018-1350 KC, 2020 NY slip Op 51546(U)(App. T. 2 Dept.; 12/23/20; Aliotta, PJ, Siegal, Toussaint, JJ)