Accumulation of Objects in Apartment Isn't Nuisance

April 30, 2001

LVT Number: 14976

Facts: In 1999, landlord sought a court-appointed guardian for now 103-year-old rent-controlled tenant. Tenant had lived in the apartment for 50 years, and the apartment was extremely dirty and cluttered with newspapers, cans, dead flowers, and other objects that tenant collected. The guardian had the apartment deep cleaned and worked with tenant to curb her collecting. Two years later, landlord sent a termination notice to tenant based on nuisance. Landlord claimed that the apartment conditions continued and created a hazard to other tenants.

Facts: In 1999, landlord sought a court-appointed guardian for now 103-year-old rent-controlled tenant. Tenant had lived in the apartment for 50 years, and the apartment was extremely dirty and cluttered with newspapers, cans, dead flowers, and other objects that tenant collected. The guardian had the apartment deep cleaned and worked with tenant to curb her collecting. Two years later, landlord sent a termination notice to tenant based on nuisance. Landlord claimed that the apartment conditions continued and created a hazard to other tenants. Tenant's guardian brought a court action to bar landlord from starting an eviction case. Court: Tenant wins. The conditions in the apartment had greatly improved since the guardian was appointed and didn't rise to the level of nuisance.

Matter of Linden-Rath: NYLJ, 4/25/01, p. 18, col. 2 (Sup. Ct. NY; Lebedeff, J)

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