THREATENED TO “RAPE” AND “KILL” NEIGHBORS AND GUESTS
When the landlord commenced a summary holdover proceeding against “P.A.,” it alleged that the tenant should be evicted because he was engaging in conduct which adversely impacted “the health or safety of any other persons or the right of any tenant to the quiet enjoyment to the leased premises.”
Over the course of some four years, the individual in question allegedly yelled profanities and exposed himself to others, and threatened that he would “rape” or “kill” neighbors and guests, including children. From late in the evening to earning morning, (10 pm to 6 am), he’s also said to have watched TV and played music at an extremely loud volume.
After a trial in May of 2022, the Queens County Civil Court awarded relief in the owner’s favor but stayed the execution of a warrant of eviction until January 2, 2025, and if the tenant didn’t relapse, or commit any further misconduct or disturbances, the judgment would be vacated at the end of that “probationary period.”
On appeal, the Appellate Term, Second Department, thought the probationary period issued in error because the tenant was found to be “objectionable.” Since under state law there was no entitlement to a post-judgment “cure” in such an instance, the protracted stay was vacated, and the tenant was afforded a 60-day time-frame within which to relocate.
Now that was moving.
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DECISION