Tenant Evicted for "Collyer" Condition in Apartment

(Decision submitted by Adam P. Cooper of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Landlord sued to evict tenant for creating a nuisance, based on the condition of tenant's apartment. Although a guardian ad litem (GAL) appointed to assist tenant appeared at the time of trial and reported that she made numerous attempts to meet with tenant, tenant failed to appear and therefore defaulted.

Landlord testified credibly that she received many complaints over the years from tenants regarding the mess and stench at tenant's apartment. Landlord previously had worked with tenant and a friend of tenant's to declutter the apartment. But, within the past year, the odors from the apartment became worse, especially during the summer months, and caused conditions that drastically affected other tenants in the building. Landlord presented many letters that it sent to tenant about the conditions between 2006 and 2012, and submitted photographs taken in the apartment in December 2012. The photos showed layers of papers, bags, clothes, and bottles scattered throughout the apartment. Tenant also had not paid use and occupancy between December 2012 and August 2013. Two tenant witnesses, who lived in the same line of apartments, also testified that the odor, like a "garbage dump," pervaded their apartments. They also testified that, from their balconies, they saw large horse flies coming from tenant's apartment. Both tenants stated that the smell was so bad that they had moved out temporarily.  

The court ruled for landlord after trial, and tenant was evicted. Tenant then asked the court to restore her to possession. The court ruled against tenant. The nuisance conditions had existed for at least four years, tenant had failed to respond to many attempts by the GAL to help her clean out the apartment, and tenant now owed over $10,000 in use and occupancy that she claimed she couldn't pay without a payment plan. The health and well-being of other tenants would be compromised if tenant was allowed to return.

Kalikow Family Partnership LP v. Roberts: Index No. L&T 52809/13 (Civ. Ct. Kings; 10/24/13; Scheckowitz, J) [7-pg. doc.]