No Proof Tenant Violated Agreement to Keep Unit Uncluttered

Landlord sued to evict rent-stabilized SRO tenant for creating a nuisance. Landlord claimed that tenant's unit was a "garbage dump," stacked from floor to ceiling with tenant's possessions. The room was so cluttered that there was no room for tenant to sleep in the unit and he slept instead in the building hallway. Landlord claimed that the conditions presented a danger, preventing repairs. Landlord and tenant signed a settlement agreement in court after tenant cleaned the unit. The agreement placed tenant on probation for 14 months and gave landlord the right to bring tenant back to court if the conditions recurred. Landlord later sought a hearing, claiming that tenant had again created a fire hazard in the room.

The court ruled against landlord after a hearing. The court found that landlord had acted in retaliation against tenant because tenant complained to HPD about violations in the unit. Tenant was 73 years old and physically impaired. Adult Protective Services had conducted a heavy-duty cleaning in May 2013. Tenant claimed that the condition he kept the unit in hadn't changed since the deep cleaning. Landlord offered no real proof to the contrary. But HPD had placed eight "B" violations and three "C" violations on the unit in August 2013. Conditions included defective floors, required painting and plastering, bedbugs, lack of gas for the stove, a broken lock for the entrance door, and accumulated garbage behind the building. The probationary stipulation would remain in effect.

11th St. Assocs. LLC v. Trigubetz: 43 Misc.3d 1217(A), 2014 NY Slip Op 50689(U) (Civ. Ct. NY; 4/23/14; Kraus, J)