Petitioner brought a holdover alleging that a tenant could not use an air conditioner in the window. The petitioner moved under RSC Section 2524.2(a), which required substantial breach of a lease or a breach that is inflicting serious and substantial injury upon the owner within three months immediately prior to the commencement of the proceeding.

The landlord also alleged that the air-conditioning unit use caused $2,000 in damages. Respondent moved to dismiss. The motion was granted.