Landlord-Tenant—Bathtub and/or Sink Allegedly Overflowed Several Times—Standard For Determining Whether Conduct Constitutes a Nuisance—Definition of “Good Faith”—More Proof Needed Especially Since NYC’s Housing Stock Is More Than 100 Years Old—Circumstantial Evidence May Be Sufficient
A tenant had allegedly caused damage by allowing a bathtub or sink to repeatedly overflow. A summary eviction proceeding had been settled pursuant to an agreement whereby the tenant agreed to refrain from “committing or committing a nuisance” in the “nature of the conduct alleged in a predicate notice and petition” (agreement). The landlord’s predicate notice primarily alleged that the tenant had caused damage to the building by “allowing a bathtub or sink to overflow on at least four occasions” during a period of approximately three years. The agreement permitted the landlord to restore the proceeding for a hearing on whether the tenant had “breached the terms herein under the Rent Stabilization Code” (RSC), but only if the landlord “alleges in good faith that [the agreement] has been materially breached” and the allegations “forming the good faith basis for petitioner’s motion are set forth in an affidavit by someone with personal knowledge of the alleged breach.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
