Scott Mollen Eviction Proceeding on 'Hoarder' Tenant Dismissed; No-Cure Provision Held Void as Against Public Policy: This Week in Scott Mollen's Realty Law Digest
Scott Mollen discusses "Cucs W. 127th Street LLC v. Ebstessam Eshaq," Where an eviction proceeding on a 'hoarder' tenant was dismissed, and "River Place II, LLC v. Daniel C. Hurd," a nuisance holdover proceeding where a "no-cure" provision of a stipulation was held to be void against public policy.
September 12, 2023 at 10:30 AM
14 minute read
Landlord Tenant LawLandlord-Tenant—Eviction Proceeding Based on Tenant Being a "Hoarder" Dismissed—Notice Lacked Sufficient Details—Landlord Knew Tenant Had Mental Disability With Respect To Hoarding and Failed to Sufficiently Delineate What Tenant Needed To Do To Cure the Alleged Breach of the Lease—Landlord Claimed Notice To Cure Need Not "Expressly" Advise Tenant of "The Conduct the Tenant Must Undertake To Cure the Breach"—No Binding First Department Authority as to Landlord's Obligation To Explain What Tenant Should Do To Cure a Violation—Predicate Notices Must Be Appropriate Under the "Attendant Circumstances"—Fair Housing Act Requires Accommodation Where Tenant Has a Handicap (Hoarding)
A landlord commenced a holdover proceeding against a rent stabilized tenant. The landlord is a "supportive housing provider."
The landlord had served a notice to cure (notice), alleging that the tenant breached "substantial obligations of her lease by keeping the subject premises 'in an excessively cluttered state since soon after moving into the unit.'"
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