Termination Notice Sufficiently Described Objectionable Conduct

Landlord sued to evict rent-stabilized tenant for creating a nuisance based on objectionable conduct. Tenant asked landlord to dismiss the case, claiming that landlord’s termination notice failed to state sufficient facts for tenant to put up a defense. The court ruled against tenant. Landlord’s termination notice described various incidents involving tenant’s household member, including a Jan. 21, 2015, incident where that occupant verbally and physically threatened building employees in connection with a motorcycle chained in the building lobby. An argument escalated, a crowd gathered, and gun shots were fired. Police arrested the household member. Landlord alleged that the household member’s menacing and threatening behavior required landlord to relocate and reassign several employees who feared for their safety. A copy of the Criminal Complaint was attached to the termination notice. Whether the incidents described were sufficient to prove nuisance was a matter to be decided through pretrial questioning and trial.

Mid Bronx HDFC v. Paulino: 48 Misc.3d 1223(A), 2015 NY Slip Op 51196(U) (Civ. Ct. Bronx; 8/14/15; Vargas, J)