"[i]f the court has awarded a judgment against a respondent prior to the effective date [Dec. 28, 2020] of [*2]this act on the basis of objectionable or nuisance behavior, the court shall hold a hearing to determine whether the tenant is continuing to persist in engaging in unreasonable behavior that substantially infringes on the use and enjoyment of other tenants or occupants or causes a substantial safety hazard to others."
As a preliminary matter, no hardship declaration has been filed and 60 days have elapsed since the effective date (Dec. 28, 2020) of CEEFPA. For the purposes of this status conference, the court shall interpret part A, § 9 (2) "continuing to persist in engaging in unreasonable behavior" as behavior that occurs after the effective date of the act.
The results of the hearing/status conference are as follows:
Petitioner first called Edgar Ramirez to testify. He is a tenant who has resided in the apartment directly below the subject premises for the past 13 years. Mr. Ramirez testified that two weeks ago, the week of February 15, 2021, two leaks occurred{**71 Misc 3d at 704} in his apartment resulting in the collapse of his bathroom and kitchen ceiling. Mr. Ramirez testified that the leaks ran for two days straight. Mr. Ramirez states that the Fire Department attempted to gain access during the two days but was unsuccessful. Mr. Ramirez stated that the leaks have been an ongoing issue for the past four to five years. These leaks have caused his ceiling to collapse on several occasions. Mr. Ramirez also testified that for the past two weeks he has continuously heard loud music, running and loud noise emanating from the subject premises at all hours of the day. Mr. Ramirez describes his building as a quiet building with the subject premises being the