Tenant Didn't Cure Hoarding Condition

(Decision submitted by Manhattan attorney Eileen O'Toole, who represented the landlord.)

Landlord sued to evict HUD Section 8 tenant for failing to maintain her apartment in a clean, safe, and habitable manner. Landlord claimed that there was accumulated garbage and debris throughout the apartment, including excessive paper and flammables. In places, these items were five feet high and blocked access to windows and an emergency pull cord. Landlord claimed that the unsafe condition was heightened because tenant smoked cigarettes in the apartment. Landlord, tenant, and tenant's guardian ad litem (GAL) signed a settlement agreement in court in May 2012. Tenant agreed to abate the clutter condition by Sept. 30, 2012, or face eviction. Landlord went back to court in March 2013 and sought eviction, claiming that tenant had violated the agreement.

After a hearing, the court ruled for landlord. Landlord's staff testified that the conditions hadn't changed much since May 2012. Landlord's four apartment inspections, documented by photographs taken during 2013, showed that the clutter conditions remained throughout the apartment. The rooms were cluttered with piles of boxes, bags, papers, and furniture items. The bathtub was filled to the brim with papers, bags, and other items. Flammables rested against the oven and stove burner knobs. Landlord also found roaches and mouse excrement throughout the apartment. Although tenant had removed some items from the living room, landlord testified that there was no improvement in any other rooms. A friend of tenant's testified that some items had been removed from the living room but admitted that a lot of the clutter was moved to other parts of the apartment. Tenant testified that medical conditions and hospitalizations had delayed her clearance of the apartment conditions. But landlord had given tenant additional time to cure the condition. And tenant refused help from Adult Protective Services and from an estate clearance service that landlord had agreed to pay for in the settlement agreement.

The court found that tenant's failure to correct the conditions wasn't a result of her health ailments but instead her refusal to take any necessary steps or offers of assistance. Tenant could be evicted after 30 days.

St. Margaret's House Housing Development Fund Corporation v. Cisler: Index No. L&T 86698/2011 (Civ. Ct. NY; 12/31/13; Kaplan, J) [11-pg. doc.]