Tenant's Conduct Didn't Constitute Nuisance

March 16, 2016

LVT Number: #26837

Landlord sued to evict tenant for creating a nuisance. The trial court ruled against landlord, who appealed and lost. Landlord failed to prove that tenant’s conduct rose to a level of recurring or continuing objectionable conduct. Although made in an obnoxious manner, tenant made only a handful of complaints over the course of more than one year to one upstairs neighbor regarding noise.

Landlord sued to evict tenant for creating a nuisance. The trial court ruled against landlord, who appealed and lost. Landlord failed to prove that tenant’s conduct rose to a level of recurring or continuing objectionable conduct. Although made in an obnoxious manner, tenant made only a handful of complaints over the course of more than one year to one upstairs neighbor regarding noise. Tenant’s conduct didn’t threaten the comfort and safety of others in the building, and landlord didn’t prove that tenant engaged in a “reign of terror” directed at other tenants.

 

 
150 West 21st LLC v. Doe: 50 Misc.3d 140(A), 2016 NY Slip Op 50169(U) (App. T. 1 Dept.; 2/18/16; Schoenfeld, JP, Shulman, J)

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