Landlord Doesn't Prove Tenant Violated Agreement to Declutter Apartment

November 24, 2014

LVT Number: #25883

Landlord sued to evict elderly, disabled SRO tenant for nuisance based on the cluttered and unsanitary condition of tenant's apartment. Landlord and tenant signed a probationary settlement agreement in court. Landlord later sought a hearing, claiming that tenant had breached the agreement to properly maintain the apartment. The court ruled against landlord, who appealed and lost. Landlord's managing agent admitted that he didn't attend any of several scheduled inspections authorized by the settlement agreement and had only looked into the apartment from the building hallway.

Landlord sued to evict elderly, disabled SRO tenant for nuisance based on the cluttered and unsanitary condition of tenant's apartment. Landlord and tenant signed a probationary settlement agreement in court. Landlord later sought a hearing, claiming that tenant had breached the agreement to properly maintain the apartment. The court ruled against landlord, who appealed and lost. Landlord's managing agent admitted that he didn't attend any of several scheduled inspections authorized by the settlement agreement and had only looked into the apartment from the building hallway. Photographs the agent took from this position didn't depict the type of extreme "Collyer" condition landlord claimed in its eviction petition. APS also had done a heavy-duty cleaning before the settlement agreement was signed.

11th Street Assocs. LLC v. Trigubetz: 45 Misc.3d 128(A), 2014 NY Slip Op 51512(U) (App. T. 1 Dept.; 10/22/14; Schoenfeld, JP, Shulman, Ling-Cohan, JJ)

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