Tenants Refused Access for Apartment Cleanup

May 31, 1993

LVT Number: 6994

Landlord sued to evict elderly rent-controlled tenants for not providing access to correct violations. Tenants had allowed debris to accumulate to levels threatening their own health and safety as well as that of their neighbors. In a stipulation entered into by a court-appointed guardian, tenants agreed to remove all boxes, bags, and rotten food, and to disinfect the apartment. Tenants removed 50 bags of garbage in one day, but wouldn't allow landlord access to complete the apartment cleanup.

Landlord sued to evict elderly rent-controlled tenants for not providing access to correct violations. Tenants had allowed debris to accumulate to levels threatening their own health and safety as well as that of their neighbors. In a stipulation entered into by a court-appointed guardian, tenants agreed to remove all boxes, bags, and rotten food, and to disinfect the apartment. Tenants removed 50 bags of garbage in one day, but wouldn't allow landlord access to complete the apartment cleanup. The trial court reluctantly granted landlord's request for a judgment of possession; the appeals court affirmed this decision.

Eberhart v. Smith: NYLJ, p. 25, col. 2 (5/19/93) (App. T. 1 Dept.; Ostrau, PJ, Parness, Miller, JJ)

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