Offensive Odor from Tenant's Apartment

April 1, 2001

LVT Number: 14902

Landlord sued to evict rent-controlled tenant for creating a nuisance based on offensive and intolerable odors from tenant's apartment. The court ruled for landlord. Tenant appealed and lost. Landlord had presented considerable proof, including witness testimony, of the condition and how it disturbed other tenants. There had also been a court inspection. The condition had continued to exist for a year after tenant had signed a settlement agreement in which tenant had agreed to remedy the condition.

Landlord sued to evict rent-controlled tenant for creating a nuisance based on offensive and intolerable odors from tenant's apartment. The court ruled for landlord. Tenant appealed and lost. Landlord had presented considerable proof, including witness testimony, of the condition and how it disturbed other tenants. There had also been a court inspection. The condition had continued to exist for a year after tenant had signed a settlement agreement in which tenant had agreed to remedy the condition.

Fort Holding Corp. v. Supple: NYLJ, 3/19/01, p. 24, col. 5 (App. T.1 Dept.; McCooe, JP, Gangel-Jacob, Suarez, JJ)

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