Not everyone is protected from evictions. a Recent decision shows that if there is consistent, uncured nuisance—the warrants of eviction will still issue. The court decisions is below:
Petitioner obtained a judgment after inquest on October 22, 2019.
Respondent obtained an Order to Show Cause returnable March 2,2020 which stayed execution of the warrant to April 1, 2020 by stipulation executed on March 2, 2020.
Pursuant to DRP-213(1)(B) and 3 3/17/2021 2857 Sedgwick Ave. LLC v Drummond (2021 NY Slip Op 21056) www.nycourts.gov/reporter/3dseries/2021/2021_21056.
Next the Petitioner called Sindy Martinez, an agent for the Petitioner for the past two years.
Mrs. Martinez's testimony corroborated the previous testimony regarding the leaks that occurred within the last two weeks. Mrs. Martinez testified that another leak began yesterday, March 1, 2021, in Mr. Ramirez's bedroom.
Mrs. Martinez testified that the Fire Department has been called to the subject premises on several occasions to address these leaks.
Mrs. Martinez testified that the Fire Department and the superintendent have consistently found the source of the leak, including the most recent one, to be open faucets in the kitchen and bathtub of the subject premises.
Mrs. Martinez testified that on January 24, 2021 at approximately 3:00am, occupants of the subject premises broke glass in the lobby door in order to gain access to the subject building.
Mrs. Martinez testified that she was able to determine the culprits of this incident through the indoor surveillance system.
Prior to damaging the lobby door, Mrs. Martinez states that occupants of the subject premises were attempting to gain access by ringing every tenants intercom button in order to gain access.
She testified that has 27 affidavits from tenants of the subject building complaining about the leaks, noise and behavior of the occupants of the subject building.
Mrs. Martinez testified that out of the 27 tenants only Mr. Ramirez was willing to testify for fear of retaliation from the Respondent.
Mrs. Martinez testified that the occupants of the subject premises have consistently opened the mailboxes of the tenants in buildings.
She states it most recently occurred on March 1, 2021. She states that while several tenants have complained about the mailboxes none are willing to press charges.
Petitioner called Leandro Lopez, the superintendent of the subject building to testify. Mr. Lopez testified that he has been the superintendent of the subject building for two years and is familiar with the Respondent.
He stated that he has not seen the Respondent in the subject building for several months and that he does not know who the occupants of the subject premises are.
He states that different unknown individuals have been seen entering and exiting the subject premises.
Mr. Lopez testified that for that past few months and ongoing, occupants of the subject premises have been observed stealing packages from the tenants of the building.
Mr. Lopez stated that he gained access to address the most recent leak and discovered the source to be an open kitchen faucet pouring water into a sink full of refuse.
Mr. Lopez states the occupants of the subject premises have since 2020 and ongoing left refuse in the public areas. 3/17/2021 2857 Sedgwick Ave. LLC v Drummond (2021 NY Slip Op 21056) www.nycourts.gov/reporter/3dseries/2021/2021_21056.htm.
The COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 Part A, Section 8 sub section b states "in any eviction proceeding in which a warrant has been issued including eviction proceedings filed on or before March 7, 2020, any warrant shall not be effective as against the occupants, unless, in addition to the requirements under section 749 of the RPAPL for warrants, such warrant states : (ii) the tenant is ineligible for a stay under this act because the court has found that the tenant is persistently and unreasonably engaging in behavior that substantially infringes on the use and enjoyment of other tenants or occupants or causes a substantial safety hazard to others, with a specific description of the behavior."
Based on the aforementioned testimony, this court finds Respondent continues to engage in behavior that infringes on the use and enjoyment of other tenants and occupants in the building.
Specifically, the damaging of the front door of the building creates a safety hazard for the tenants of the subject building.
This court finds that Respondent has purposely caused severe leaks resulting damage to several other apartments. Leaks from the subject premises have been consistent with a recent leak occurring the week of February 15, 2021.
In accordance with the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020, Petitioner shall submit for a new warrant that shall issue forthwith.
The warrant shall state the following: Gregory Drumond, Joel "Doe", "John Smith" John Doe and Jane Doe are ineligible for a stay under the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 because the court has found that the tenant is persistently and unreasonably engaging in behavior that substantially infringes on the use and enjoyment of other tenants or occupants or causes a substantial safety hazard to others, specifically (Destruction of the front door and purposely causing leaks resulting in damage to other apartments).
The Petitioner may execute the warrant of eviction upon service of a marshal's notice and upon notice to APS prior to the eviction.
The execution of the warrant shall be in compliance with all laws, legislative and administrative orders in effect.
This constitutes the Decision and Order of the Court.