SRO Tenant's Behavior Didn't Constitute Nuisance

August 31, 2008

LVT Number: #20663

Landlord sued to evict SRO tenant for creating a nuisance. Landlord claimed that tenant caused a fire in her apartment by excessive use of electrical appliances. Landlord also claimed that tenant made sexual advances toward electricians hired by landlord to fix apartment wiring. And landlord claimed that, on one occasion, tenant engaged in noisy sexual relations in her apartment. Tenant asked the court to dismiss the case without a trial. The court ruled for tenant. Nuisance behavior is an ongoing pattern of conduct that harasses, annoys, or damages landlord or other tenants.

Landlord sued to evict SRO tenant for creating a nuisance. Landlord claimed that tenant caused a fire in her apartment by excessive use of electrical appliances. Landlord also claimed that tenant made sexual advances toward electricians hired by landlord to fix apartment wiring. And landlord claimed that, on one occasion, tenant engaged in noisy sexual relations in her apartment. Tenant asked the court to dismiss the case without a trial. The court ruled for tenant. Nuisance behavior is an ongoing pattern of conduct that harasses, annoys, or damages landlord or other tenants. The fire was an isolated incident, as was the claimed noisy sex. Tenant's behavior with the electrician wasn't specified but couldn't have been too bad since landlord admitted that the electrician finished the work before leaving the apartment.

Cruz v. Davis: NYLJ, 8/27/08, p. 27, col. 1 (Civ. Ct. NY; Lebovits, J)

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