Tenant's Brother Left Trash in Common Areas

(Decision submitted by Sally E. Unger of the Manhattan law firm of Kossoff Alper & Unger, attorneys for the landlord.) Facts: Landlord sued to evict tenant for creating a nuisance. Tenant had been in prison since 1994 and had let his brother live in the apartment. Other tenants and the building's managing agent testified at the trial that tenant's brother kept a number of dogs and cats that were flea-infested and weren't kept clean, creating a horrible odor in the hallways. The fleas spread throughout common areas of the building and into other tenants' apartments. The dogs and cats were often left in the building hallway. Tenant's brother also filled the backyard with scrap metal and other debris, which landlord would occasionally haul away at its own expense. Landlord had repeatedly asked tenant's brother to remove his trash, but he refused to do so. Landlord even received an ECB violation because of this condition. Tenant's brother also threatened to kill the building manager in response to requests that he clear his debris and animals from the building's common areas. Court: Landlord wins. There clearly was a chronic nuisance that couldn't be corrected. A judgment of possession was awarded to landlord with no postjudgment correction time permitted.

Leroy Apts. LLC v. Tarangelo: L&T Index No. 88351/00 (Civ. Ct. NY 5/11/01; Hagler, J) [17-pg. doc.]