Tenant's Daughter Created Nuisance

June 30, 2008

LVT Number: #20530

Landlord sued to evict rent-controlled tenant based on nuisance. Landlord claimed that tenant's adult daughter, who lived with tenant, engaged in objectionable conduct. The court ruled for landlord. Tenant appealed and lost. At trial, witnesses testified about the daughter's antisocial behavior. She repeatedly vandalized the mailbox of one tenant and destroyed his mail. The police were called to the building at one point, and the other tenant moved out because of the daughter's conduct.

Landlord sued to evict rent-controlled tenant based on nuisance. Landlord claimed that tenant's adult daughter, who lived with tenant, engaged in objectionable conduct. The court ruled for landlord. Tenant appealed and lost. At trial, witnesses testified about the daughter's antisocial behavior. She repeatedly vandalized the mailbox of one tenant and destroyed his mail. The police were called to the building at one point, and the other tenant moved out because of the daughter's conduct. It was also shown that tenant was unable to control the daughter's conduct on a daily basis and no credible plan for the daughter's rehabilitation had been set up. The court delayed execution of the eviction warrant, to allow tenant two weeks to remove her daughter from the apartment.

2308 Hughes Avenue Realty Corp. v. Longo: NYLJ, 6/20/08, p. 30, col.4 (App. T. 1 Dept.; McKeon, PJ, Davis, Heitler, JJ)

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