Tenant Violated Agreement to Stop Harassing Other Tenants

Landlord sued to evict tenant for creating a nuisance by objectionable conduct. Landlord and tenant signed a probationary settlement agreement in court. Tenant agreed to refrain from harassing other tenants in the building and from following them and/or making them feel uncomfortable and fearful for their safety. Landlord later went back to court claiming that tenant had violated the agreement. The court ruled for landlord, issued an eviction warrant, and conditionally stayed the warrant for five months. 

Tenant appealed and lost. At a hearing, landlord had shown that tenant violated the settlement agreement through various episodes of antisocial behavior. He spat at tenants, lurked, whistled, and followed a female tenant as she left the building and approached her so closely that his face could have touched her face. A fair interpretation of the evidence supports the conclusion that tenant's breach was substantial. There was no error in the lower court's refusal to hear testimony by tenant's social worker since that person had no knowledge of tenant's compliance with the stipulation or with the incidents that led to the case in the first place. The court did allow the social worker to submit a statement concerning the length of the delay before eviction.

Durst Pyramid, LLC v. Griffin: Index No. 570107/20, 2020 NY Slip Op 51574(U)(App. T. 1 Dept.; 12/31/20; Cooper, JP, Higgitt, McShan, JJ)