Domen Holding Co. v. Aranovich, 1 N.Y.3d 117 (2003)
A landlord can pursue eviction of a rent-stabilized tenant based on a nuisance created by a guest if the guest’s conduct demonstrates a recurring or continuing pattern of objectionable behavior that threatens the comfort and safety of others in the building.
Summary
Domen Holding Co., a landlord, sought to evict Irene and Jorge Aranovich, rent-stabilized tenants, due to the disruptive behavior of Irene’s guest, Geoffrey Sanders. The landlord cited instances of Sanders using racial slurs, making threats, and engaging in altercations with building staff and other tenants. The New York Court of Appeals held that while a high threshold of proof is needed for eviction, the landlord presented enough evidence of a potential nuisance to warrant a trial. The Court emphasized that the notice of termination adequately informed the tenants of the grounds for eviction, and the subsequent evidence elaborated on those allegations.
Facts
The Aranovichs were rent-stabilized tenants in a building owned by Domen Holding Co. Geoffrey Sanders, a guest of Irene Aranovich, resided in the apartment. Over several years, the landlord received complaints about Sanders’s behavior. In August 2000, Sanders allegedly used racial slurs and threatened a doorman, Wayne Ellis. In June 1997, Sanders allegedly threatened a visually impaired tenant, Thomas DeRosa. In November 1995, Sanders was involved in an altercation with the building superintendent. The landlord sent Ms. Aranovich notices regarding these incidents, reminding her of her responsibility for her guests’ behavior.
Procedural History
The landlord served a notice of termination and subsequently filed an ejectment action against the tenants. The Supreme Court denied the landlord’s motion for summary judgment and granted the tenants’ cross-motion to dismiss, finding the incidents insufficient to constitute a nuisance. The Appellate Division affirmed, limiting its review to the allegations in the notice of termination. Two dissenting Justices believed a factual issue existed regarding whether Sanders’ conduct constituted a nuisance. The landlord appealed to the New York Court of Appeals.
Issue(s)
Whether the landlord’s notice of termination and supporting evidence were sufficient to state a claim for nuisance warranting eviction of the rent-stabilized tenants.
Holding
No, because the evidence presented an issue of fact as to whether Sanders’ presence in the building resulted in a recurring or continuing pattern of objectionable conduct threatening the comfort and safety of others in the building sufficient to constitute a nuisance. The Appellate Division order was modified to deny the cross motion for summary judgment dismissing the complaint and remit to Supreme Court for a trial on the issues.
Court’s Reasoning
The Court of Appeals reasoned that the Rent Stabilization Code allows for eviction if a tenant permits a nuisance. Nuisance involves interference with a person’s enjoyment of their land, importing a continuous invasion of rights. The Court determined that the notice of termination adequately informed the tenants of the grounds for eviction, detailing specific incidents of Sanders’s misconduct, including names, dates, descriptions, and police complaint numbers. While the incidents occurred over five years, the Court found that their severity and circumstances supported the landlord’s claim that Sanders displayed intolerance and aggression. The Court distinguished the case from instances where a notice is deficient; here, the notice was adequate, and subsequent submissions were elaborations providing evidence of ongoing nuisance. The Court stated, “While surely a high threshold of proof would be required for eviction, we cannot conclude as a matter of law, as the courts below did, that dismissal of the complaint was warranted.” The Court highlighted that a trial was necessary to determine whether Sanders’s conduct constituted a “recurring or continuing pattern of objectionable conduct threatening the comfort and safety of others in the building sufficient to constitute a nuisance.”