Rochester City Court, Monroe County
Warrant of Eviction
Peaceful Enjoyment — Hostile & Aggressive Behavior
Rochester Housing Authority v. Ivey
Background: The respondent requested the court to make a determination as to whether the petitioner was entitled to terminate his tenancy and have the respondent removed as a holdover tenant. Twenty-one witnesses testified alleging that the respondent would use offensive and abuse language in view of other tenants, caused some property damage, and was generally very threatening to other tenants. The respondent’s witnesses testified that the respondent helps out around the building and tries to enforce the rules of the building.
Ruling: The City Court issued a Warrant of Eviction. The court found that the respondent’s conduct was hostile, violent, aggressive, dangerous, threatening, unsafe, inappropriate, demeaning and unprofessional. The respondent’s behavior disturbed the tenant’s rights to peaceful enjoyment. Specifically, the respondent’s “policing” of the Housing Authority’s rules has contributed to very dangerous and unsafe situations for residents and guests.
Ernest D. Santoro for the petitioner; Tony Ivey, pro se