Tenant Disputes Landlord's Clutter Claims and Case Dismissed

June 27, 2017

LVT Number: #27774

Landlord sued to evict rent-stabilized SRO tenant, claiming that tenant kept the unit in an unclean and unsafe manner. Tenant asked the court to dismiss the case without a trial. She claimed that landlord's termination notice didn't say that she failed to cure the breaches claimed in the notice to cure. Tenant also claimed that she had cured any conditions complained about. Tenant also claimed that two referrals were made to Adult Protective Services (APS) and they declined to accept her for services after finding no clutter condition existed. The court ruled for tenant.

Landlord sued to evict rent-stabilized SRO tenant, claiming that tenant kept the unit in an unclean and unsafe manner. Tenant asked the court to dismiss the case without a trial. She claimed that landlord's termination notice didn't say that she failed to cure the breaches claimed in the notice to cure. Tenant also claimed that she had cured any conditions complained about. Tenant also claimed that two referrals were made to Adult Protective Services (APS) and they declined to accept her for services after finding no clutter condition existed. The court ruled for tenant. Landlord didn't specifically dispute tenant's claims in its response to tenant's motion to dismiss. The court ruled for tenant and dismissed the case.

Volunteers of America v. Johnson: Index No. 97280/15, NYLJ No. 1202784918482 (Civ. Ct. Kings; 4/3/17; Kuzniewski, J)

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