Owner Waives Right to Evict Disruptive Resident by Recertifying Her Lease

June 12, 2020

Facts: An owner claimed that over a course of four years, a Section 8 resident was a major nuisance, harassing the neighbors, stealing packages, making excessive noise, and getting into fights. But all the while it accepted her rent. In November 2018, she was arrested on the premises and charged with felony assault and criminal possession of a weapon. A month later, the owner recertified her lease for another year. But in April 2019, the owner sent the resident an eviction notice for disturbing her neighbors and engaging in criminal activity in violation of her lease.

Facts: An owner claimed that over a course of four years, a Section 8 resident was a major nuisance, harassing the neighbors, stealing packages, making excessive noise, and getting into fights. But all the while it accepted her rent. In November 2018, she was arrested on the premises and charged with felony assault and criminal possession of a weapon. A month later, the owner recertified her lease for another year. But in April 2019, the owner sent the resident an eviction notice for disturbing her neighbors and engaging in criminal activity in violation of her lease. The resident denied the allegations and claimed the owner had waived its right to evict her even if they were true.

Decision: The New York court agreed and tossed the owner’s eviction suit.

Reasoning: The resident violated her lease with her four-year pattern of misconduct and disturbing neighbors. And under HUD rules, owners don’t have to recertify the lease of residents who commit lease violations. Knowing this and knowing that the resident was a perpetual nuisance, the owner voluntarily recertified her lease each year and thereby waived its rights to evict the resident for her lease violations.  

  • Mitchell Field Senior Citizens Redevelopment Co., L.P. v. Roy: 2020 N.Y. Misc. LEXIS 1210, 2020 NY Slip Op 50353(U)

 

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