Walton Avenue Senior HDFC, v. Hiran SantanaCivil Court of the City of New York, Bronx County2016 NY Slip Op 51675(U)23920/2016Decided November 25, 2016
Judge Diane E. Lutwak found that Petitioner, Walton Avenue Senior HDFC, failed to state a cause of action for eviction. The Petitioner, alleged that Hiran Santana’s failure to obey the House Rules was a substantial violation of his tenancy. The Petitioner served Santana with a Notice of Termination alleging that Santana permitted his guests to stay past 11:00pm on numerous occasions throughout 2015 and 2016, which was a direct violation of House Rule #1.
However, as Santana points out, House Rule #1 has no mention of a specific time frame of when visitors must leave the premises. House Rule #1 requires that “if for some reason you need to have an overnight guest, you must obtain permission from management at least one (1) week prior to the visit. Permission will only be given for a total of fourteen (14) days per year”
“Petitioner’s core claim is that Respondent has violated an alleged rule requiring tenants to ensure that their visitors leave the premises by 11:00pm or be found in violation of its rule requiring prior approval for overnight guests. Petitioner has identified the rule to have been violated as House Rule #1, quoted it in its papers and annexed a copy of the full set of House Rules. An examination of Petitioner’s House Rules reveals that they contain no specific cut-off time by which visitors must leave the building.”
“Respondent could not be expected to take remedial action by requiring his visitors to leave by 11 pm ‘unless his landlord first demonstrated that such remedial action was requiring the lease’”