Tenant Who Assaulted Building Doorman Can Be Evicted for Nuisance

July 22, 2018

LVT Number: #28522

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Landlord and tenant signed a settlement agreement putting tenant on probation for some period. During that period, tenant agreed not to resume objectionable conduct or else he could be evicted. Landlord later went back to court, claiming that tenant violated the settlement agreement. The court ruled for landlord after a hearing. Tenant appealed and lost. Tenant directed profanities and offensive ethnic epithets at the building doorman during the probation period.

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Landlord and tenant signed a settlement agreement putting tenant on probation for some period. During that period, tenant agreed not to resume objectionable conduct or else he could be evicted. Landlord later went back to court, claiming that tenant violated the settlement agreement. The court ruled for landlord after a hearing. Tenant appealed and lost. Tenant directed profanities and offensive ethnic epithets at the building doorman during the probation period. On one occasion, tenant kicked and punched the doorman, which resulted in tenant's arrest and conviction for second-degree harassment. This was a substantial breach of the settlement agreement, and tenant couldn't get any further opportunity to cure.

Walber 72nd Street Associates v. Sutcliffe: 59 Misc.3d 152(A), 2018 NY Slip Op 50860(U) (App. T. 1 Dept.; 6/11/18; Shulman, PJ, Gonzalez, Edmead, JJ)

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