Terrible Odor from Elderly Tenant's Apartment

Facts: Landlord sued to evict elderly, rent-controlled tenant for creating a nuisance. Landlord claimed that there was a horrendous odor, like rotten flesh, coming from tenant's apartment. A guardian was appointed, and tenant signed an agreement in which she agreed to keep the apartment free of debris and in a sanitary condition. Heavy-duty cleaning of the apartment was performed. About a year later, landlord claimed that tenant wasn't complying with the agreement and that the condition continued. The court conducted its own inspection. Court: Landlord wins. The court heard testimony and conducted its own inspection. Tenant appeared not to live in the apartment, but to use it as a kennel for her dogs. The putrid odor in the apartment was overwhelming. While tenant claimed the odor came from outside the apartment, the inspection didn't support this claim. Offensive and intolerable odors occurring for an extended period disturb the comfort and safety of other tenants and constitute a nuisance. A judgment and eviction warrant were issued. Execution of the warrant was delayed until the end of the year.

Ft. Holding Corp. v. Supple: NYLJ, p. 30, col. 3 (10/20/99) (Civ. Ct. NY; Elsner, J)