Tenant Caused Basement Ceiling Collapse

Landlord sued to evict month-to-month tenant after sending a 30-day termination notice. Tenant claimed that eviction was retaliatory because tenant had complained to HPD about hazardous conditions in her apartment. After tenant failed to appear in court several times, a trial went forward. The court ruled for landlord, who credibly testified that tenant flooded the apartment bathroom eight or nine times. This caused the ceiling to collapse in the building basement. Landlord also had refused to renew tenant's lease in 2006. He testified that tenant never paid her rent on time, that she often disconnected the doorbell in her apartment so that he couldn't collect rent, and that her neighbors complained about noise and fights in tenant's apartment. Landlord also stated that he corrected any HPD violations promptly after notification. The court questioned whether tenant had made her complaints to HPD in good faith. She repeatedly failed to appear in court, and refused to comply with court orders to pay use-and-occupancy fees while the case was pending.

Choudhury v. Ramtahal: NYLJ, 6/3/09, p. 28, col. 1 (Civ. Ct. Kings; Fiorella, J)