Landlord Gets Interim Order Against Tenant to Clear Collyer Conditions

Landlord sued to eject rent-stabilized tenant based on claimed "Collyer" conditions in tenant's apartment. While the case was pending, landlord brought an order to show cause asking the court to order tenant to remove debris and clean the apartment conditions.

The court ruled for landlord and ordered tenant to immediately cease creating the Collyer conditions throughout the premises and grant periodic access to all areas of the apartment to landlord, its employees, and/or agents for the purpose of inspecting the conditions once a month until the case was concluded or there was a further order by the court. The court also ordered tenant to stop creating extermination issues visible in the apartment, to cease creating and maintaining a fire hazard comprised of piles of combustible materials haphazardly stacked throughout the unit, and cease causing noxious foul odors to emanate in and from the apartment. Meanwhile, the case would be fast-tracked so that pretrial questioning would be completed within 45 days, a note of issue filed within 60 days, and a pre-trial conference held shortly thereafter.

HPS 50th Ave. L1HTC Assoc. LLC v. Gallo: Index No. 700878/22, NYLJ No. 1652773218 (Sup. Ct. Queens; 5/12/22; Unger, J)