Foul Odor from Tenant's Apartment

Facts: Landlord sued to evict rent-controlled tenant for nonpayment of rent. Landlord and tenant settled by stipulation; tenant agreed to pay back rent, and landlord agreed to withdraw other claims for eviction. Tenant paid the back rent, but landlord later asked the court to evict tenant based on a foul and unusual odor coming from tenant's apartment. The court reopened the case and ordered tenant to provide access. Tenant refused and the court ruled for landlord, finding that the odor created a danger to other tenants' health and safety. Tenant appealed. Court: Tenant wins. The case before the court was a nonpayment proceeding that was settled by stipulation. Neither the stipulation nor any statement by the court gave the court the authority to continue to monitor the case. The stipulation, in fact, specifically stated that landlord waived any holdover claims.

Classic Properties L.P. v. Reif: NYLJ, p. 25, col. 5 (5/27/94) (App. T. 1 Dept.; Ostrau, PJ, Miller, McCooe, JJ)