Tenant Didn't Commit Nuisance by Cooking Lunches for Sale Outside Building

June 17, 2019

LVT Number: #30152

Landlord sued to evict rent-stabilized tenant, claiming that tenant violated a substantial obligation of his tenancy and created a nuisance by cooking 12 to 15 lunches six days week for sale outside of the building. The trial court ruled against landlord, who appealed and lost. A nuisance is a condition that threatens the comfort and safety of others in the building. Landlord submitted no proof that tenant's cooking was interfering with anyone's use and enjoyment of the building. No neighbors had complained.

Landlord sued to evict rent-stabilized tenant, claiming that tenant violated a substantial obligation of his tenancy and created a nuisance by cooking 12 to 15 lunches six days week for sale outside of the building. The trial court ruled against landlord, who appealed and lost. A nuisance is a condition that threatens the comfort and safety of others in the building. Landlord submitted no proof that tenant's cooking was interfering with anyone's use and enjoyment of the building. No neighbors had complained. Landlord also admitted that it didn't have a written lease for tenant and therefore couldn't establish a violation of a substantial obligation of the tenancy. 

121 Irving MGM, LLC v. Perez: 63 Misc.3d 157(A), 2019 NY Slip Op 50835(U) (App. T. 2 Dept.; 5/24/19; Pesce, PJ, Aliotta, Elliot, JJ)

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