Can a Landlord Evict a Nuisance Tenant in a Rent Controlled Apartment in NYC?

New York City tenants who create a nuisance are subject to eviction.

Tenants in rent-controlled and rent-stabilized buildings have special protections against eviction. However, if a tenant is disturbing the peace or threatening the safety of others, he may be considered a "nuisance" and could lose his home.

Rent Regulation

In New York City, some rental homes are governed by rent control or, more commonly, rent stabilization laws. These laws restrict landlord rent increases and prescribe stricter grounds for evicting a tenant.

Grounds for Eviction

Grounds for evicting a rent-regulated tenant in New York include the failure to pay rent, the significant violation of lease rules and the making of a nuisance. A "nuisance" is defined as a pattern of conduct that threatens the health, safety or peace and quiet of other tenants or neighbors.

Warning

Even if a landlord has grounds to evict a tenant, she cannot legally do so without a court order. A tenant, even a troublesome tenant, has the right to a court hearing. Landlords cannot change the locks, remove a tenant's property or cut off the utilities to force a tenant out. Only a marshal or constable has the right to physically remove an evicted tenant from his home.

References

• New York City Rent Guidelines Board: Tenant's Rights Guide
• Acoustilog: The Nuisance of Nuisance
• New York State Division of Housing and Community Renewal: Rent Stabilization/Control