Tenants' Cluttered Apartment Prevented Repairs

Landlord sued to evict HUD tenants for failure to provide access for landlord to make repairs. Landlord claimed that tenants' apartment was so cluttered with boxes, bags, and clothes that it prevented repairs and created a hazardous condition. Tenants--a husband, wife, and daughter--had lived in the apartment for over 50 years, and the apartment was extremely cluttered. Tenants had failed to let landlord into the apartment after countless attempts to gain access. Once landlord got in, it couldn't make repairs given the apartment condition. The court appointed guardians ad litem for all three tenants, but this didn't help. While the case was pending, tenant wife was admitted to a nursing home. Since there were now two tenants, they were required by HUD regulations to move to a smaller apartment in the building, but they refused. The court ruled for landlord after a trial. Tenants could avoid eviction by moving into the smaller apartment.

Lambert Houses Redevelopment Co. v. Van Zandt: Index No. 36086/12, NYLJ No. 1202721990179 (Civ. Ct. Bronx; 11/12/14; Stanley, J)