Sunday, November 22, 2009

Eviction for Nuisance - The Law

New York Codes, Rules and Regulations: Part 2524.(b): "The tenant is committing ... a nuisance ... [when] the tenant engages in a persistent and continuing course of conduct evidencing an unwarrantable, unreasonable or unlawful use of the property to the annoyance, inconvenience, discomfort or damage of others, the primary purpose of which is intended to harass the owner or other tenants ... of the same ... building ... by interfering substantially with their comfort or safety
The lawful exercise by a tenant of any rights pursuant to any law or regulation relating to occupancy of a housing accommodation, including the RSL or this Code, shall not be deemed an act of harassment or other ground for eviction pursuant to this subdivision."

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