New Trial Required Against Tenant in Rubbish-Filled Apartment

Landlord sued to evict rent-controlled tenant for creating a nuisance. Landlord claimed that tenant's apartment was extremely cluttered with papers and rubbish. HPD had issued violations for the apartment after inspections held in February and June 2002. At a trial held in December 2002, tenant testified that he had removed the clutter and that emergency health problems had forced him to cancel court-ordered inspections scheduled for shortly before the trial. Landlord submitted photographs taken in May 2001 and admitted that the last time he was in the apartment was in August 2002. Landlord claimed that if tenant later removed any clutter, the building super would have told him. The court ruled for landlord, and tenant appealed. The appeals court sent the case back for a new trial. The appeals court said that there should be a better inquiry into the present condition of tenant's apartment. Tenant was permitted to correct the nuisance after landlord sent the termination notice. But landlord should be allowed to inspect and photograph the apartment before the new trial.

Gazivoda v. Sherman: NYLJ, 5/30/06, p. 29, col. 4 (App. Div. 1 Dept.; Buckley, PJ, Andrias, Marlow, Nardelli, Catterson, JJ)