Tenant created nuisance by filing repeated complaints.
Landlord sued to evict tenant for creating a nuisance. Landlord showed that tenant repeatedly filed complaints against landlord with the DHCR DHCR Division of Housing and Community Renewal and HPD HPD Honolulu Police Department (Honolulu County, Island of Oahu)
HPD Housing Preservation and Development
HPD Housing Preservation and Development (New York City Department) . Tenant also started an HP proceeding against landlord, which resulted in the placement of violations for conditions in tenant's apartment. Tenant then refused to allow landlord, DHCR, and court personnel access to the apartment to inspect and repair conditions. This conduct continued after landlord started the nuisance holdover. Landlord claimed that no trial was needed and asked the court to rule in its favor based on its documentation of tenant's actions. The court ruled against landlord, who appealed and won. Landlord proved that tenant had created a nuisance, and there was no question of fact that required a trial.
* Pefko Realty LLC v. Nissim: NYLJ NYLJ New York Law Journal , 1/27/12, p. 32, col. 2 (App. T. 2 Dept.; Pesce, PJ, Rios, Steinhardt, JJ)
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|Title Annotation:||TENANT NUISANCES|
|Publication:||New York Landlord v. Tenant|
|Date:||Feb 1, 2012|
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