Waste and Debris in Tenant's Apartment

LVT Number: 12352

Landlord sued to evict rent-controlled tenant based on accumulated waste and debris in tenant's apartment. Although a guardian was appointed to represent tenant, the guardian withdrew from the case before it was decided. The court ruled for landlord. Another court-appointed guardian then asked the court to vacate the eviction warrant. The court ruled against tenant, and tenant's guardian appealed. The appeals court ruled for tenant and sent the case back for further consideration.

Landlord sued to evict rent-controlled tenant based on accumulated waste and debris in tenant's apartment. Although a guardian was appointed to represent tenant, the guardian withdrew from the case before it was decided. The court ruled for landlord. Another court-appointed guardian then asked the court to vacate the eviction warrant. The court ruled against tenant, and tenant's guardian appealed. The appeals court ruled for tenant and sent the case back for further consideration. Tenant hadn't been represented properly at the trial, and six years had passed since the lower court had ruled for landlord. The court should now consider the current condition of the apartment and whether tenant could properly maintain the apartment with the help of a guardian.

Fountainbleau Estates v. Aucock: NYLJ, p. 25, col. 1 (5/20/98) (App. T. 1 Dept.; Parness, JP, Freedman, Davis, JJ)