Hoarding, or “cluttering,” is a condition characterized by the excessive acquisition of objects, along with the inability or unwillingness to discard these objects. Often, these objects that might be viewed by others as qualify asbeing useless or without value.
Hoarding behavior can cause numerous personal, and health related problems, but here we will focus on the laws laws that individuals with clutteredagainst hoarding. homes could be violating . Individuals with cluttered homes may be found to havecan violated various health and safety laws. These laws exist to byprevent littering, creating hazards and or allowing a noxious environment in a home. Violation of these laws This can lead to eviction from the home, fines and in rare cases even imprisonment. In extreme situations, children can be removed from a cluttered home and parental rights can be terminated.
In New York City, the Housing Maintenance Code (HMC) establishes minimum standards for health and safety in apartment buildings. A person who hoards could be violating numerous provisions of the HMC, which if not remedied, could lead to eviction from their apartment. The conditions that lead to violations of the HMC, oftenmay also constitute a “nuisance.” ,A “nuisance” is conduct that is disturbing to other tenants in a building and may be which is a separate ground for eviction. under the terms of the standard lease agreement.
A person who hoards could be violating the HMC by:
Blocking Entrances and Exits
Section 27-2007 of the HMC states that a tenant, or any other person, must not obstruct access to a fire escape, public hall or any means of egress. Not only does this mean that a tenant cannotmay not place anything on a fire escape, it also means that a tenant cannotmay not have so much clutter that it makes accessing the fire escape difficult. Furthermore, a tenant cannotmay not leave their belongings in common areas, especially if doing soit prevents easy access to the public hallway and entrance to the building.
Not Allowing Owner or Agent to Enter Apartment For Inspection or Repairs
Section 27-2008 of the HMC states that a tenant may notcannot refuse to permit the owner, its agent or employee to enter the apartment or other space under the tenant’s control to make repairs required by law or to inspect the space to ensure compliance with the law.
Causing Unsanitary Conditions Inside or Outside the Apartment
Section 27-2011 of the HMC states that owner of an apartment building must maintain common areas of the building in a clean and sanitary condition. This means that a tenant must not allow their belongings to spill out into the common areas of their apartment building, especially if doing so would cause unsanitary conditions.
Section 27-2012 of the HMC states that the occupant of an apartment shall maintain his or her apartment in a clean and sanitary condition.
Section 27-2022 of the HMC states that tenants must dispose of waste matter in accordance with the method provided by the owner and that tenants shall not accumulate any waste in his or her apartment, which creates an unsanitary condition or a fire hazard.
Causing Insect or Rodent Infestations
Section 27-2018 of the HMC states that the owner of an apartment building must keep the premises free from rodents, and from infestations of insects and other pests, and from any condition conducive to rodent or insect and other pest life. Therefore, the owner of an apartment building has an obligation to remove tenants whose behavior, such as hoarding behavior, is conducive to insect, rodent or other pest life.
If you know someone who hoards, it may be useful to specifically point out how their behavior could be in violation of the HMC or causing the owner of their apartment building to be in violation of the HMC. It should then be highlighted that violation of the HMC could lead to the individuals eviction Hoarding is a serious problem. While a lawyer may help address legal issues related to hoarding, often a hoarder is in need of psychological counseling and therapy..
For more information, see:
http://www.cornellaging.org/gem/hoarding_index.html.
