Tenant Broke into Storage Room and Threatened Building Staff

Landlord, a supportive housing facility for formerly homeless military veterans, sued to evict tenant for breach of lease and nuisance. The trial court ruled for landlord, who proved that tenant intentionally smashed a hole in the wall between his unit and landlord’s locked storage room, stole furniture and tenant files from the storage room, and made potentially threatening remarks to landlord’s employees as he was being arrested at the building. The court found that tenant’s conduct violated the lease provisions forbidding criminal activity and damage to the building. The court also stayed eviction for a one-year probationary period with a long list of conditions. Landlord appealed the one-year probationary stay and won. Tenant wasn’t entitled to an opportunity to cure the breaches of the lease proved in court since this conduct was manifestly objectionable and substantially interfered with the comfort and safety of building staff and other tenants receiving support services. 

Volunteers of America--Greater New York, Inc. v. Carr: 49 Misc.3d 140(A), 2015 NY Slip Op 51589(U) (App. T. 1 Dept.; 11/4/15; Lowe III, PJ, Schoenfeld, Hunter Jr., JJ)