Tenant's Yelling Didn't Create Nuisance

Landlord sued to evict tenant for creating a nuisance by objectionable conduct. Landlord and tenant signed a settlement agreement in court that placed tenant on probation for five years. Tenant agreed not to shout, scream, or yell in his apartment or the public areas of the building; not to jump up and down in his apartment; and to refrain from other similar conduct. Under the agreement, landlord could go back to court to seek a judgment and eviction warrant if it claimed that tenant violated the agreement, for a hearing on whether tenant engaged in prohibited conduct to an extent that constitutes a nuisance.

Landlord did go back to court, claiming that tenant violated the agreement. Tenant's next-door neighbor testified that he heard tenant through their common wall on a regular basis. During a one-month period, the neighbor reported that he heard tenant 22 times, mostly during the day. Tenant was shouting at himself, criticizing himself, calling himself names, and, on a few occasions, saying that he would kill himself. The building super also testified that he heard tenant shouting at himself inside his apartment 15 or 20 times over several months. Tenant testified that he had lived in the apartment for 42 years, worked at home a few days a week as a freelance editor, wasn't suicidal, but sometimes yelled at himself when frustrated. Tenant was diagnosed with Asperger's Disorder and was a client of Adult Protective Services.

The court ruled against landlord. Tenant's behavior didn't rise to the level of nuisance. Apartment dwellers must expect to put up with a certain level of noise, and there was no proof of any disturbing conduct occurring outside of tenant's apartment. Tenant didn't confront others or berate himself in public spaces. 

JSB Properties v. Cohen: Index No. 58678/11, NYLJ No. 1202619904667 (Civ. Ct. NY; 9/20/13; Schneider, J)