Termination Notice Didn't Name Complaining Tenants

Landlord sued to evict rent-stabilized tenant for objectionable conduct. Landlord's termination notice stated that landlord had received complaints from other building occupants that at various times of the day and night tenant created loud banging noises. The notice also stated that tenant had yelled at, intimidated, and verbally harassed other people in the building. The court ruled for landlord. Tenant appealed and lost. Although the termination notice didn't state the names of complaining tenants, the dates or specific instances of misconduct, it described a nuisance in violation of the Rent Stabilization Code with sufficient detail to allow tenant to prepare a defense. Landlord also gave tenant copies of the written complaints referred to in the termination notice. At trial, witnesses credibly testified that tenant viciously screamed and pounded on the ceiling throughout the night on many occasions in response to any kind of noise heard from upstairs. Tenant interfered substantially with the neighbors' comfort, safety, and ordinary use and enjoyment of their apartment.

Pinehurst Construction Corp. v. Schlesinger: NYLJ, 4/2/07, p. 30, col. 3 (App. Div. 1 Dept.; Andrias, JP, Friedman, Buckley, Sweeny, Catterson, JJ)