Tenant Violated Agreement to Keep SRO Unit Free from Debris

Landlord sued to evict SRO tenant for creating a nuisance by cramming garbage and other debris from floor to ceiling in his apartment, creating a health, fire, and safety hazard. Landlord and tenant, by their attorneys, signed a settlement agreement that put tenant on probation for 10 months with periodic inspections. Landlord later took tenant back to court, claiming that a nuisance condition still existed in the apartment. The court ruled for landlord after a hearing. Tenant appealed and lost. Photographs showed an overwhelming accumulation of papers, refuse, and debris stacked throughout the unit on the inspection date. Adult Protective Services (APS) previously had conducted a deep cleaning of the unit before the settlement agreement was signed, but tenant obviously was unable to maintain the premises as required on a long-term basis.

222 East 12 Realty v. Kwan So: Indx No. 15-342, NYLJ No. 1202776913932 (App. T. 1 Dept.; 1/10/17; Lowe III, PJ, Schoenfeld, Ling-Cohan, JJ)