Three Instances of Abusive Conduct May Warrant Tenant's Eviction

Landlord sued to evict rent-stabilized tenant based on nuisance. Tenant's boyfriend had moved in with her several years earlier. Tenants and building staff complained on a number of occasions of the boyfriend's abusive conduct. Landlord's termination notice described three incidents. In August 2000, he cursed and used racial slurs against the building doorman and threatened physical injury. The police were called. In June 1997, he orally abused tenant's upstairs neighbor and threatened to physically assault him. The police were called, and tenant's upstairs neighbor filed a criminal harassment complaint. In November 1995, the building super also filed a police complaint after an incident with the boyfriend. Tenant asked the court to dismiss the case without a trial. The court and appeals court ruled for tenant. They found that three isolated incidents didn't amount to an ongoing pattern of nuisance. Landlord appealed to the state's highest court. The court ruled for landlord. Although the termination notice detailed three incidents that occurred over a five-year period, their severity and the circumstances under which they took place must also be considered. Whether there was a continuing pattern of objectionable conduct threatening the comfort and safety of others in the building sufficient to be a nuisance was a question of fact that required a trial.

Domen Holding Co. v. Aranovich: NYLJ, 11/25/03, p. 27, col. 5 (Ct. App.; Ciparick, J)