Based on the aforementioned testimony, this court finds that respondent continues to engage in behavior that infringes on the use and enjoyment of other tenants and occupants in the building. Specifically, the damaging of the front door of the building creates a safety hazard for the tenants of the subject building. This court finds that respondent has purposely caused severe leaks resulting in damage to several other apartments. Leaks from the subject premises have been consistent with a recent leak occurring the week of February 15, 2021.
In accordance with the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020, petitioner shall submit for a new warrant that shall issue forthwith. The warrant shall state the following:{**71 Misc 3d at 706}
Gregory Drummond, Joel "Doe," "John Smith," John Doe and Jane Doe are ineligible for a stay under the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 because the court has found that the tenant is persistently and unreasonably engaging in behavior that substantially infringes on the use and enjoyment of other tenants or occupants or causes a substantial safety hazard to others, specifically destruction of the front door and purposely causing leaks resulting in damage to other apartments.
The petitioner may execute the warrant of eviction upon service of a marshal's notice and upon notice to Adult Protective Services prior to the eviction. The execution of the warrant shall be in compliance with all laws and legislative and administrative orders in effect.