Landlord v. Tenant: July 2019

 PETS

Tenant Cured Lease Violation by Getting Rid of Two Pit Bulls 

Landlord sued to evict tenant for keeping pit bull dogs in her apartment without landlord’s permission. The court ruled for landlord based on tenant’s failure to appear in court. The court later denied tenant’s request to vacate the default, since tenant didn’t deny harboring the dogs, and gave tenant 10 days to cure in order to avoid eviction. Tenant later asked the court to permanently stay the eviction warrant because she had removed the dogs. Landlord claimed that tenant still had a dog in her apartment. But this was an additional dog, a Yorkshire Terrier, that tenant had kept for two years. The court ruled for tenant, finding that she had complied with the ruling to remove two pit bull dogs.

Landlord appealed and lost. Landlord’s court petition sought eviction based on the two pit bulls in tenant’s apartment, and tenant cured by getting rid of the pit bulls in a timely manner. The presence of the Yorkshire Terrier wasn’t the basis of the eviction proceeding, and therefore was no basis to deny tenant’s request to stay the eviction warrant.

• Iris Holdings 961 42nd LLC v. Piedrahita: 63 Misc.3d 157(A), 2019 NY Slip Op 50833(U) (App. T. 2 Dept.; 5/24/19)

PRIMARY RESIDENCE

Landlord’s Nonrenewal Notice Stated Sufficient Grounds for Eviction Case

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. The court denied landlord’s request for pretrial questioning and granted tenant’s request to dismiss the case. Landlord appealed, and the case was reopened. Tenant had claimed that landlord’s lease nonrenewal notice was insufficient. But tenant was incorrect. Landlord’s notice set forth case-specific allegations that were based on review of security camera footage showing that tenant was rarely if ever present in the building, that landlord’s employees and neighbors had rarely seen tenant in or around the building, that tenant didn’t respond to a letter demanding access, and that other individuals were seen coming in and out of tenant’s apartment on a regular basis. Landlord could renew its request for pretrial questioning when the case was reopened.

• 151st and Walton LLC v. Demunn: 63 Misc.3d 153(A), 2019 NY Slip Op 50785(U) (App. T. 1 Dept.; 5/21/19)