Tenant's Apartment Created Fire Hazard

Facts: In October 1990, landlord sued to evict tenant for creating a nuisance based on the deplorable condition of her apartment. Tenant had stored stacks of newspapers in all rooms of the apartment from floor to ceiling. Landlord claimed this created a fire hazard for tenant and other tenants in building. The case was delayed several times while a community organization tried to help tenant. Tenant didn't give them access, so they couldn't clean up her apartment. Protective Services for Adults (PSA) also intervened on tenant's behalf. PSA evaluated tenant and found her able to manage her own affairs. In December 1991, the court ruled for landlord. The eviction warrant was delayed to give tenant a chance to clean up the apartment. Tenant still didn't give access, but in April 1992 asked the court to vacate the judgment. The court refused, and tenant appealed. Court: Tenant loses. Despite the efforts of the housing court, tenant's attorney, and various community organizations, tenant still hadn't complied with numerous stipulations to remedy the apartment conditions. The health and safety of other tenants was at risk.

Stratton Cooperative, Inc. v. Fener: NYLJ, p. 21, col. 5 (1/5/94) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)