Landlord—Tenant—Holdover Proceeding—Tenant Allegedly Violated Substantial Obligation of Her Tenancy and Terms of Her Proprietary Lease By Allowing Cigarette Smoke and Odors to Escape Her Apartment and Permeate A Corridor—Subjective Testimony as to Odor Was Insufficient to Demonstrate Violation of Proprietary Lease and House Rules—No Expert Testimony
A COOPERATIVE CORPORATION commenced a holdover proceeding against the respondent (tenant) on the ground that the tenant had violated a “substantial obligation of her tenancy and has violated substantial terms of the proprietary lease” (lease) for the subject apartment. The notice to cure (notice) alleged that in violation of the lease and the landlord’s house rules, the tenant had “unreasonably allowed cigarette smoke and/or other odors to escape the [apartment] and permeate throughout the public corridor outside the [apartment],” that building employees (employees) had observed the odor of cigarette smoke and the building’s managing agent (agent) had received several complaints from other tenants.
