Scott Mollen

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.

On Dec. 14, 2020, the court found that the respondents had committed a nuisance. They had "caused two leaks serious enough to warrant claims filed with insurance companies, one of which exceeded $15,000…." They had not reported the leaks to the petitioner. They also "caused unreasonable delays in access needed to repair the leaks" and resisted the petitioner's efforts to address the leak. They restricted the petitioner's "scope of work, and would not let workers in while respondents were away for periods of time." In May and June of 2018, they "attached unreasonable conditions to access…." A co-respondent had "constructed a barrier of chairs…to limit petitioner's inspection of the…premises."

On Dec. 28, 2020, the governor signed into law the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (act). The Chief Administrative Judge thereafter promulgated Administrative Order 340/20 which implements aspects of the act.