Tenant Yelled and Cursed at Other Tenants

September 30, 1999

LVT Number: 13595

Facts: Landlord sued to evict rent-stabilized tenant for creating a nuisance in violation of her lease. Tenant shouted racial and ethnic slurs, as well as obscenities, at other tenants. Also, tenant was mentally ill and was represented in court by a guardian. Court: Landlord loses. Landlord didn't present sufficient proof of complaints or testimony by other tenants. Without showing more, landlord couldn't evict tenant for yelling offensive statements and cursing at other tenants. This was protected speech under both the U.S. and New York State Constitutions.

Facts: Landlord sued to evict rent-stabilized tenant for creating a nuisance in violation of her lease. Tenant shouted racial and ethnic slurs, as well as obscenities, at other tenants. Also, tenant was mentally ill and was represented in court by a guardian. Court: Landlord loses. Landlord didn't present sufficient proof of complaints or testimony by other tenants. Without showing more, landlord couldn't evict tenant for yelling offensive statements and cursing at other tenants. This was protected speech under both the U.S. and New York State Constitutions.

Kirso Property Co. v. Brief: NYLJ, p. 31, col. 3 (9/8/99) (Civ. Ct. Richmond; Straniere, J)

Topics

More like this