Joann Ross occupied an apartment in a single room occupancy building or "SRO" here in Manhattan. When the building's owner opted to convert the structure into a "modern transient hotel," Ross decided she would compel the landlord to provide her with a private bathroom by causing some controversy and strife.
Her behavior included dragging a bucket of "slops" -- urine and other waste materials -- from her room to the nearest communal bathroom, some 90 feet down the hall, in order to "give transient tourist guests quite an eye and earful."
In October 1999, the landlord brought a nuisance holdover proceeding against Ms. Ross in the New York County Civil Court. A settlement ensued wherein Ross agreed to discontinue the use of her bucket to transport waste materials to the community bathrooms. The agreement further provided that if Ross failed to comply, the landlord's eviction efforts could resume.
Unfortunately, Ross did not end her practice of carting her bodily fluids through the building's common areas and even conceded that she was purposefully doing so to "get the case back into court."
On February 16, 2007, the Appellate Term, First Department, found that Ross had engaged in a "recurring and continuing pattern of objectionable conduct constituting a nuisance," and awarded the landlord possession of Ross's unit. The appellate court stayed the warrant of eviction 60 days and if she should fail to remove herself (and her slop bucket) from the premises, a formal eviction will thereafter ensue.
Now that's a waste, wouldn't you agree?
For a copy of the Appellate Term's decision in 2170-2178 Broadway LLC v. Ross, please use the following link:
http://www.nycourts.gov/reporter/3dseries/2007/2007_50254.htm
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For our other posts on "nuisance," please use the following link: http://www.nyrealestatelawblog.com/search/mt-search.cgi?IncludeBlogs=4&search=nuisance