WARRANT PERMANENTLY STAYED
Because his apartment with filled with “extreme clutter,” 1123 Realty, LLC commenced a nuisance holdover proceeding against R.T., its residential (rent-stabilized) tenant.Apparently, the Housing Court Judge opted to visit the apartment and, after a non-jury trial, determined that the landlord had established the existence of a nuisance and awarded a final judgment of possession in its favor. But because the tenant had “cured” the condition, the judge permanently stayed the execution of any warrant of eviction.
It seems that the tenant suffered from “several disabilities,” and after he was afforded assistance by Adult Protective Services and various cleaning services, the tenant diligently remediated the conditions so that he could avoid removal from his home.
Given those facts, the Appellate Term, Second Term, agreed with the Housing Court’s determination, particularly since the tenant’s conduct wasn’t due to any “resistance or obstinacy on his part.”
And considering his testimony that he would keep working on cleaning up the place, and would "do anything necessary to stay," the AT2 affirmed the outcome.
Think the record got a bit cluttered there?
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DECISION