Landlord Didn't Prove Tenant Violated Agreement to Clean Apartment

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Landlord claimed that tenant's apartment was a "garbage dump," presenting a danger due to its cluttered condition. Landlord and tenant signed a probationary settlement agreement in court. Tenant agreed to allow Adult Protective Services (APS) to do a deep cleaning and to keep the apartment clean after that. Landlord later brought the case back to court and claimed that tenant had violated the agreement. The court ruled against landlord after a hearing. Landlord presented no testimony on the condition of the apartment either before or after the settlement agreement, or testimony that the condition disturbed any other tenants. The court also noted that tenant's ability to maintain the apartment in an orderly fashion was substantially hampered by severe building violations that landlord had failed to correct. The court indicated that landlord appeared to have brought the case back to court in retaliation for tenant's complaints to HPD. The probationary agreement remained in effect.

11th St. Assocs. LLC v. Trigubetz: Index No. L&T55954/13, NYLJ No. 1202655058071 (Civ. Ct. NY; 4/23/14; Kraus, J)