Newspaper and Debris in Tenant's Apartment

LVT Number: 9485

Landlord sued to evict tenant for nuisance, claiming that tenant's accumulation of newspapers and debris in her apartment was a health and fire hazard. The court delayed the case several times to give tenant the chance to correct the problem. But when the situation didn't improve, the court ordered tenant's eviction. Tenant appealed, and asked the court to appoint a guardian to help her clean up the apartment. The court refused. While the court was sympathetic to tenant, appointing a guardian wouldn't solve the problem.

Landlord sued to evict tenant for nuisance, claiming that tenant's accumulation of newspapers and debris in her apartment was a health and fire hazard. The court delayed the case several times to give tenant the chance to correct the problem. But when the situation didn't improve, the court ordered tenant's eviction. Tenant appealed, and asked the court to appoint a guardian to help her clean up the apartment. The court refused. While the court was sympathetic to tenant, appointing a guardian wouldn't solve the problem.

Stratton Cooperative, Inc. v. Fener: NYLJ, p. 27, col. 4 (1/26/95) (App. Div. 1 Dept.; Sullivan, JP, Wallach, Kupferman, Ross, JJ)