Housing Court judge bars dangerous tenant from accessing apartment pending outcome of eviction proceeding
Gregory Browne and Matt Furman on behalf of a landlord persuaded a Housing Court judge to bar a tenant from entering an apartment after he purposely flooded it by allowing a bathtub to overflow and subsequently attempted to set it on fire.
The tenant was charged with arson and his actions prompted police and firefighters to visit the property on numerous occasions.
Following a bench trial that included testimony from police, fire officials, and neighbors of the tenant, Eastern Division Housing Court Judge Eduardo A. Gonzalez found that the tenant’s actions were “threatening, dangerous, and significantly impact[ed] the safety, security, and quiet enjoyment of other residents” in the building.
He barred the tenant from entering the property pending the outcome of two related summary process actions to evict the tenant.
The firm’s client and the tenant then resolved the related summary process eviction proceedings with an agreed upon judgment, allowing the landlord to take possession of the unit and requiring the tenant to pay a substantial portion of unpaid rent.