Landlord Can't Prove Tenant's Apartment Clutter Created Nuisance Condition

Landlord sued to evict 81-year-old HUD/Section 8 tenant for permitting a dangerous nuisance condition at her apartment. Landlord claimed that tenant refused to permit access to landlord for pest extermination, kept large amounts of boxes and debris in the apartment that impeded access, failed to comply with landlord's repeated requests that tenant declutter the apartment, and kept a pigeon and two finches in the apartment. Tenant didn't appear in court, and the court appointed a guardian ad litem (GAL) to assist tenant. Adult Protective Services (APS) was assigned to perform a heavy-duty cleaning of the apartment, which it did, and the GAL gave landlord access for extermination services. At trial, the GAL admitted that clutter was recurring and that tenant suffered from mental illness and had a part-time home attendant.

After trial, the court dismissed the case. Landlord presented inadequate proof that conditions in the apartment presented a fire or safety hazard, and showed no proof of requesting specific access dates. Landlord also failed to show that any clutter prevented landlord or its agents from abating any specific conditions in the apartment. There also was no proof that tenant's activities disturbed any other tenant in the building. Landlord also presented no proof that HPD had issued a violation for roach vermin investation.

Tanya Towers, Inc. v. Hurtado: 63 Misc.3d 1218(A), 2019 NY Slip Op 50581(U) (Civ. Ct. NY; 4/17/19; Kraus, J)