Tenant's Arrest Wasn't Sufficient Grounds for Eviction

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Tenant asked the court to dismiss the case, claiming that landlord's termination notice didn't specify sufficient grounds for the claim. The court agreed with tenant. Landlord's 10-day termination notice stated as grounds for eviction that: (a) tenant was arrested on a specific date and time and charged with harassment, physical contact, and assault with intent to cause physical injury; (b) other tenants considered tenant a threatening presence in the building; (c) management had received many complaints about tenant's behavior from other residents; (d) incidents involving tenant adversely affected the quality of life and the building; and (e) the building's HAP contract allowed for tenancy termination if tenant was charged with a crime.

The court found that items (b), (d), and (e) weren't facts supporting a nuisance claim but only opinion statements or conclusions. Item (c) was a generic statement without providing any names, dates, times, or details. And Item (a) described one incident that didn't indicate whether the arrest resulted from behavior involving another resident. Landlord's termination notice therefore failed to establish a pattern of continuity or recurrence of objectionable conduct required to pursue an eviction claim based on nuisance. 

711 Seagirt Avenue Holdings LLC v. Harris: 62 Misc.3d 1227(A), 2019 NY Slip Op 50304(U) (Civ. Ct. Queens; 3/6/19; Kullas, J)