Court Extends Probationary Period for Tenant Who Didn't Clear Clutter

LVT Number: #32007

Landlord sued to evict rent-stabilized tenant for breaching his lease by creating cluttered conditions in his apartment. Landlord claimed that tenant created a fire hazard due to garbage, debris, other unsanitary conditions, and a severe hoarding condition. Landlord also claimed the conditions caused a severe roach infestation and noxious odor that disturbed another tenant. Landlord and tenant signed a settlement agreement in court that put tenant on probation. Tenant agreed to cure the apartment conditions by March 2020, and then would remain on probation until March 2021. 

Landlord sued to evict rent-stabilized tenant for breaching his lease by creating cluttered conditions in his apartment. Landlord claimed that tenant created a fire hazard due to garbage, debris, other unsanitary conditions, and a severe hoarding condition. Landlord also claimed the conditions caused a severe roach infestation and noxious odor that disturbed another tenant. Landlord and tenant signed a settlement agreement in court that put tenant on probation. Tenant agreed to cure the apartment conditions by March 2020, and then would remain on probation until March 2021. 

Landlord went back to court at some point, claiming that tenant hadn't complied with the agreement and that it should be permitted to evict tenant. Tenant asked for an extension of the probation period. He was a senior citizen, received SCRIE benefits, and claimed that the COVID-19 pandemic had impeded his ability to get the apartment decluttered. The apartment had now been cleared of debris. The court gave tenant an 18-month extension of probation, issued no judgment, and granted landlord twice-monthly apartment inspections without notice.

GME Realty v. Rodriguez: Index No. 52192/19, 2021 NY Slip Op 33178(U), NYLJ No. 164670016 (Civ. Ct. Richmond; 11/23/21; Smith, J)