Nuisance, Breach of Lease
Civil Court of the City of New York
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
Slip Opinion Number
2023 NY Slip Op 23223
CUCS West 127th Street LLC
Bacdayan, Karen May
Post-answer Motion by Tenant
Motion Granted for Tenant, Case Dismissed/discontinued
Tenant Substantially Won
Respondent lives in supportive housing and the landlord, CUCS (a supportive housing landlord) brought a breach of leave and nuisance holdover based upon nuisance behavior. The court dismissed the proceeding based on deficiencies in the predicate notices. The decision contains a detailed analysis of the tenant's particular circumstances and how they impacted whether the predicate notices met the "reasonable under the attendant circumstances" standard. The decision follows a recent trend—citing Prospect Union Assocs. v DeJesus, 167 AD3d 540, 543 [1st Dept 2018]--of housing courts to provide accommodations to disabled tenants to provide equal opportunity to use and enjoy their apartments and avoid an eviction. The decision also dismisses the landlord's nuisance claim on the basis that the petitioner did not state how the tenant's behavior was impacting other neighbors, as required in a nuisance proceeding.
"CUCS West 127th Street LLC vs. Eshaq" (2023). All Decisions. 1080.