Landlord Can Evict Tenant for Severely Cluttered Apartment

Landlord sued to evict rent-stabilized tenant for creating a nuisance in the building that interfered with the comfort and safety of landlord and other tenants. Landlord claimed that there was an overpowering and nauseating smell of rotting garbage coming from the apartment, that garbage was strewn throughout the apartment from floor to ceiling, and that tenant had caused flooding to apartments below his. The court ruled for landlord after trial. Landlord's witnesses described an apartment door obstructed by garbage, piles of debris from floor to ceiling, as well as a foul odor, clogged drains, windows partially obscured by boxes and other items, and mounds of items strewn in front of the stove and refrigerator with little or no room to move around. There was also, at times, an odor. The court gave tenant four months to move out. If tenant cured the conditions during that time, he could ask the court for additional time under a probationary stay. 

443 E. 78th St. Realty v. Tupas: Index No. 053159/13, NYLJ No. 1202624617933 (Civ. Ct. NY; 10/10/13; Elsner, J)