Nuisance Holdover Proceeding Dismissed—Tenant Burned Clothes In Bathtub, Gas Oven and Stove Were Both on—Tenant Had Been Charged With Reckless Endangerment, a Class D Felony—Only One Incident, Even a Fire, Is Not Ground for Eviction, Pursuant to 9 NYCRR §2524.3(b)
A landlord commenced a nuisance holdover proceeding against a tenant, pursuant to 9 NYCRR §2524.3(b), on the grounds that a fire had occurred in the tenant’s apartment. The tenant moved to dismiss the petition, arguing that even if the allegations were true, “only one incident of alleged nuisance (even a fire) is not sustainable pursuant to 9 NYCRR §2524.3(b).”
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