Tenant Can Conduct Pretrial Questioning in Nuisance Case

November 22, 2017

LVT Number: #28018

Landlord sued to evict Section 8 tenant for creating a nuisance. Landlord claimed that tenant held frequent, loud parties where people engaged in antisocial, destructive, and illegal conduct in the building hallways. Tenant sought pretrial questioning. The court ruled for tenant but narrowly tailored permitted discovery. Tenant was entitled to a list of witnesses to the claimed nuisances, pretrial questioning of the building's managing agent, and an opportunity to review any records landlord had made, collected, or kept of complaints about tenant's behavior. 

Landlord sued to evict Section 8 tenant for creating a nuisance. Landlord claimed that tenant held frequent, loud parties where people engaged in antisocial, destructive, and illegal conduct in the building hallways. Tenant sought pretrial questioning. The court ruled for tenant but narrowly tailored permitted discovery. Tenant was entitled to a list of witnesses to the claimed nuisances, pretrial questioning of the building's managing agent, and an opportunity to review any records landlord had made, collected, or kept of complaints about tenant's behavior. 

Clinton-178 Towers LLC v. Chapple: 2017 NY Slip Op 27332, 2017 WL 4544397 (Civ. Ct. Bronx; 10/10/17; Lutwak, J)

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