Tenant Dumped Body Waste, Garbage in Community Bathroom

Landlord sued to evict tenant for creating a nuisance. The court ruled for landlord, finding that for an extended period, tenant used a bucket to carry her urine and garbage from her single room occupancy (SRO) room to the community bathroom down the hall. Tenant appealed and lost. Building staff and another tenant testified that tenant caused an offensive body waste odor from the bathroom. The court also found that tenant's conduct was willful. She stated that she did this to offend the building's transient guests whose rooms had private bathrooms, so that landlord would install a private bathroom in her room. Tenant's pattern of objectionable conduct constituted a nuisance.

2170-2178 Broadway LLC v. Ross: NYLJ, 2/23/07, p. 31, col. 2 (McKeon, PJ, McCooe, Schoenfeld, JJ)