In general, I'd have to agree this is a clear violation of his lease and doesn't deserve sympathy, but have you guys seen the piles and piles of legalese in these New York City leases? The lease itself doesn't deserve sympathy! For example, my lease last year from a private landlord even stipulated I'm not allowed to go to court and must use arbitration instead. I didn't think through it well, but next time I'll know better. It didn't become an issue though.
New York is considered much friendlier towards renters than most other places. It's generally agreed(?) arbitration favors the repeat customer (the business) because why would you bite the hand that feeds you? So, I'd say arbitration is not as good as it sounds from a first glance.
Does anyone have any insight to cast on this whole arbitration system?