Tenant Who Didn't Cure Nuisance Conditions Can Be Evicted
LVT Number: #27823
Landlord sued to evict tenant for creating a nuisance. Landlord claimed that tenant created a "Collyer"-type condition with clutter and trash in the apartment. At the same time, tenant refused to comply with landlord's efforts to exterminate bedbugs in the apartment. Tenant, with a court-appointed guardian ad litem (GAL), signed three settlement agreements in court, each time agreeing to judgment for landlord unless tenant removed all clutter and prepared the apartment for proper pest extermination. After continual failure to comply, an eviction warrant was issued. The court denied tenant's request to vacate the warrant. Tenant appealed and lost. Tenant clearly violated the settlement agreements and failed to remedy the nuisance conditions, despite ample opportunity to do so. Landlord could proceed with eviction.
Prospect Union Associates v. DeJesus: Index No. 570838/16, NYLJ No. 1202789745658 (App. T. 1 Dept.; 5/30/17; Schoenfeld, JP, Shulman, Gonzalez, JJ)