Tenant Given Chance to Cure Nuisance After Trial

March 31, 2010

LVT Number: #22564

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Landlord claimed that tenant repeatedly had performed construction in the apartment, without proper permits and in violation of the law. At trial, landlord proved that tenant had created electrical and plumbing code violations that posed ongoing safety hazards. The court granted a judgment of possession in landlord’s favor, but gave tenant 10 days to cure the conditions.

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Landlord claimed that tenant repeatedly had performed construction in the apartment, without proper permits and in violation of the law. At trial, landlord proved that tenant had created electrical and plumbing code violations that posed ongoing safety hazards. The court granted a judgment of possession in landlord’s favor, but gave tenant 10 days to cure the conditions. Tenant had lived in the apartment for more than 40 years, he had no malicious motive for his conduct, and the conditions were curable.

508 Columbus Properties v. Beasley: NYLJ, 3/24/10, p. 26, col. 3 (Civ. Ct. NY; Schneider, J)

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