Eviction Delayed to Determine If Collyer Conditions Were Cured

Landlord sued to evict tenant for creating a nuisance based on "Collyer"-type conditions in tenant's apartment. The court appointed a guardian ad litem (GAL) to assist tenant with the case. Tenant and the GAL signed a settlement agreement that gave landlord a judgment of possession. They did this after the GAL tried to help tenant cure the apartment conditions through various extensions of time to cure. Tenant later asked the court to vacate the judgment. The court ruled against tenant, who appealed.

The appeals court reopened the case. An Article 81 guardian had now been appointed for tenant, who was elderly, disabled, and had lived in the apartment for 50 years. While the rights of other building tenants were a concern, the case was sent back to housing court to determine whether the services put in place by the Article 81 guardian would curtail the risk of recurring nuisance and minimize risk to other tenants. The Article 81 guardian already had done a heavy-duty cleaning with extermination services and put home care services in place for tenant. The eviction was stayed while the housing court reconsidered.

642-654 Whippersnapper LLC v. Mahoney: Index No. 570645/17, 2019 NY Slip Op 29099 (App. T. 1 Dept.; 4/8/19; Ling-Cohan, JP, Gonzalez, Cooper, JJ)