Realty Law Digest
Scott E. Mollen, a partner at Herrick, Feinstein, discusses "Schwesinger v. Perlis," where the landlord failed to prove its tenants engaged in acts proscribed by COVID-19 Emergency Eviction and Foreclosure Prevention Act after the effective date, and " DeSuze v. Ammon," where a tenants' claims in a rent challenge were held time-barred and not saved by the continuing violation doctrine.
April 20, 2021 at 12:53 PM
17 minute read
Landlord-Tenant—Moratorium Does Not Prevent Eviction Based on Nuisance Conduct That "Substantially Infringes on the Use and Enjoyment of Other Tenants or Occupants or Causes a Substantial Safety Hazard to Others"—Petitioner Had To Prove Prohibited Conduct Occurred On or After Dec. 28, 2020, Even Considering Prior Conduct—Although Tenant Hosted Guests Without Masks, Apparently Spit on Petitioner's Door, Said "Heil Hitler," and Denied Access for Repairs, All Occurred Before Dec. 28, 2020—Therefore, Petitioner Was Not Entitled to an Exception to the Stay
A petitioner commenced a holdover proceeding, seeking possession of an apartment on the ground, inter alia, that the respondents "have been committing a nuisance." Following a trial, the court awarded the petitioner a judgment of possession. The court thereafter held hearings as to whether the nuisance continued and had calendared the matter for Feb. 23, 2021 for submission of post-hearing memoranda.
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