Tenant Didn't Clean Debris- Filled Apartment

LVT Number: 11837

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Landlord and tenant stipulated in court that tenant, represented by a guardian, would remove accumulated boxes, cans, bottles, clothing, garbage, newspapers, and other debris within six weeks or face eviction. Tenant didn't comply with the stipulation and the court awarded possession to landlord. Tenant appealed and lost. Landlord's managing agent, the building's superintendent, and two other tenants testified that tenant didn't comply with the stipulation and that a foul odor still emanated from tenant's apartment.

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Landlord and tenant stipulated in court that tenant, represented by a guardian, would remove accumulated boxes, cans, bottles, clothing, garbage, newspapers, and other debris within six weeks or face eviction. Tenant didn't comply with the stipulation and the court awarded possession to landlord. Tenant appealed and lost. Landlord's managing agent, the building's superintendent, and two other tenants testified that tenant didn't comply with the stipulation and that a foul odor still emanated from tenant's apartment. Landlord showed photographs confirming that the conditions remained. Landlord clearly showed a continuing nuisance that threatened the comfort and safety of other tenants.

Arden Realty Co. v. Bonnette: NYLJ, p. 26, col. 6 (9/8/97) (App. T. 1 Dept.; Ostrau, PJ, Parness, Freedman, JJ)