Tenant Refused to Clean Filthy Apartment

(Decision submitted by Adam Leitman Bailey of the Manhattan law firm of Adam Leitman Bailey, P.C., attorneys for the landlord.) Landlord sued to evict long-term rent-stabilized tenant for creating a nuisance. Landlord claimed that tenant kept his apartment in an unsanitary and unhealthy condition that interfered with the health and safety of other tenants. Tenant claimed that he had cured any unsanitary conditions, if there ever had been any. Tenant invited the court to visit his apartment, stating that it was clean and free of clutter and vermin. The court visited the apartment and saw no mice or roaches. But the court found the filth in tenant's apartment to be "everywhere and extreme." There was a musty smell, dirt, dust, and grime throughout, pieces of paper and filth covering the floors and carpet, dirty dishes in the kitchen, dirty belongings in every room, and broken furniture. The court ruled for landlord, finding tenant's apartment to be unfit for human habitation. Because landlord had brought the case on the grounds of both substantial lease violation and nuisance, tenant wasn't entitled to any additional time to cure the conditions after trial. In addition, tenant had had ample time to cure. The parties first appeared in court in February 2007, and the court inspected the apartment after the trial in February 2008.

Cabrini Terrace Joint Terrace v. O'Brien: NYLJ, 4/9/08, p. 27, col. 1 (Civ. Ct. NY; Lebovits, J)