VIDOL'S VITRIOL GONE VILD

Not all misconduct will serve to support a tenant's eviction. And, if the basis for the occupant's removal is premised upon "nuisance," isolated instances of misconduct will typically not suffice. As the Court of Appeals noted in Domen Holding Co. v. Aranovich:

To constitute a nuisance the use of property must interfere with a person's interest in the use and enjoyment of land...The term "use and enjoyment" encompasses the pleasure and comfort derived from the occupancy of land and the freedom from annoyance...However, not every annoyance will constitute a nuisance...Nuisance imports a continuous invasion of rights--"a pattern of continuity or recurrence of objectionable conduct"....

While examples of "nuisance" range the gamut (and have been the subject of prior posts), acts of vandalism can trigger a tenant's removal from a residential building.

In Kiamie Princess Marion Realty Corp. v. Vidol, it certainly didn't help the tenant's case that he had been arrested and pled guilty to "felony criminal mischief charges" for damaging parts of the structure in which he lived. As the Appellate Term, First Department, noted in a short decision upholding Mr. Vidol's eviction:

The evidence, fairly interpreted, supports the trial court's determination that tenant engaged in a "recurring or continuing pattern of objectionable conduct" constituting a nuisance...The record shows that tenant vandalized the building by spray-painting graffiti in the hallways, rendering inoperable the fire alarm system, and removing surveillance cameras, the latter conduct resulting in tenant's guilty plea to felony criminal mischief charges.

Rather than vent one's anger in a destructive manner, experts recommend meditation, yoga, or an array of physical exercises and activities which include reading a book, watching a movie or taking a walk. Depending, of course, on what you read, watch or do while on that stroll, these common "stress diffusers" are much less likely to lead to an arrest and/or eviction.

For a copy of the Court of Appeals's decision in Domen Holding Co. v. Aranovich, please click on the following link:
http://www.nycourts.gov/reporter/3dseries/2003/2003_18779.htm

For a copy of the Appellate Term's decision in Kiamie Princess Marion Realty Corp. v. Vidol, please click on the following link:
http://www.nycourts.gov/reporter/3dseries/2006/2006_50961.htm