Compulsive hoarding, or “Collyer’s Syndrome,”1 is a pattern of behavior where an individual accumulates an excessive number of objects which have little or no value and develops an attachment to and is unwilling to get rid of them (“Collyer’s conditions”). Such compulsive hoarding may be associated with obsessive compulsive disorder or schizophrenia.2 Collyer’s conditions in an apartment can create serious health and safety concerns for the occupant and neighbors. The collection of what is essentially garbage overwhelms the living space, generates foul odors and promotes insect infestation. Collyer’s conditions may also expose co-ops and condominiums to liability for injuries to firefighters engaged in extinguishing a fire in an apartment if such conditions cause the injury and violate fire codes.3
This column examines case law governing a co-op board’s ability to terminate a tenancy because Collyer’s conditions constitute a breach of the proprietary lease or by evicting hoarding owners for creating a nuisance. This column also discusses other remedies for Collyer’s conditions, including those available to condominiums. Lastly, this column recommends strategies for boards and managers when Collyer’s conditions occur.
Breach of Proprietary Lease
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