Tenant Can Be Evicted for Creating Unsanitary Conditions

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Landlord claimed that tenant kept both himself and the apartment in an unsanitary condition. At trial, four tenants and landlord's managing agent testified that tenant urinated on the apartment floors and in the building's public areas and that tenant continually reeked of urine. This also was apparent in the courtroom. Tenant testified that he was incontinent and that medical treatment had so far been unsuccessful. Tenant also was a hoarder, whose apartment remained in an unsanitary condition even after Adult Protective Services performed a deep cleaning. The court found that tenant had been unable to live independently and control his condition, and that he was exposing other tenants to unsafe and unsanitary conditions. The court ruled for landlord and delayed eviction for 30 days.

West 141 Street LP v. Edmonds: 45 Misc.3d 1217(A), 2014 WL 6091964 (Civ. Ct. NY; 11/14/14; Kraus, J)