Tenant of Cluttered Apartment May Be Disabled and Need Article 81 Guardian

LVT Number: #29866

Landlord sued to evict tenant for creating a nuisance because tenant created clutter and trash conditions in the apartment while refusing landlord access to exterminate bedbugs. Tenant, with a court-appointed guardian ad litem (GAL) signed three settlement agreements in court but continued to maintain the apartment in a cluttered condition and failed to prepare the unit for extermination. Eventually the court granted landlord's request for an eviction warrant, and denied tenant's request to vacate the warrant. Tenant appealed and lost.

Tenant then appealed further, and the court ruled for him in part. The court wouldn't vacate the settlement agreement signed by the GAL, who assisted tenant. But there was no proof that bedbugs had infested the rest of the building from tenant's apartment. And a hearing was needed to determine if tenant needed a reasonable accommodation for a disability and whether an Article 81 guardian should be appointed. The case was sent back to housing court.



Prospect Union Associates v. DeJesus: Index No. 7585, 2018 NY Slip Op 09016 (App. Div. 1 Dept.; 12/27/18; Sweeny, JP, Manzanet-Daniels, Gische, Gesmer, Singh, JJ)