Tenant's Conduct Endangers Health and Safety of Residents

Landlord sued to evict tenant, claiming that tenant breached his lease by engaging in objectionable and nuisance-type conduct and behavior on multiple occasions. Among other things, landlord sought a preliminary, as well as a permanent, injunction to direct tenant to cease all nuisance-type behavior because it breached his lease. The claimed behavior included urinating and defecating in the building elevator and common areas; aggressively begging other residents for money and food in the building lobby; harassing other residents in the elevators; vomiting on himself;; wearing soiled clothes; engaging in dangerous, menacing, and erratic behavior including knocking on other residents' apartment doors and causing other tenants to be afraid; allowing foul odors to permeate his body, surroundings, and the common areas of the building; not wearing sufficient clothing to cover his buttocks; and exposing himself in front of the building staff and residents in an inappropriate manner. Separately, landlord had commenced an eviction proceeding against tenant.

The court granted a temporary restraining order (TRO) and also granted a motion by the NYC Dept. of Social Services (DSS) to appoint a guardian ad litem (GAL) for the tenant. A GAL was appointed. Landlord submitted sworn statements from building management staff and other building tenants describing tenant's objectionable and nuisance-type conduct and behavior, and requested a preliminary injunction removing the tenant from the building. Several tenants and building employees testified during oral argument before the court.

The court ruled for landlord in part, finding that at this point it showed a likelihood of success on the merits but also noting that tenant had been in and out of hospital for treatment since the case commenced. The conduct and behavior complained of also presented a danger to the safety, health, and well-being of building occupants and may constitute irreparable injury. At least one tenant had moved out, and building management said it found maggots in tenant's apartment. The court ordered tenant to refrain from the behavior described by landlord and its witnesses when he was permitted to be in the building but also permitted landlord, its employees, a locksmith, and NYPD to forcibly remove tenant if necessary and change the locks to tenant's apartment and temporarily bar him from the building until he is able to refrain from the described conduct and behavior. A court conference was scheduled 30 days from the date of court's order.

900 Eighth Ave. Condo. LLC v. Samarelli: Index No. 15791/2021, 2021 NY Slip Op 32142(U)(Sup. Ct. NY; 10/27/21; Tisch, J)