First published: Nov 2025

From Clutter to Courtroom

By: Michelle P. Quinn, Gallet Dreyer & Berkey

TAKEAWAY As our population ages, hoarding situations are becoming increasingly common. When direct efforts to gain a resident’s cooperation fail, boards can seek court orders requiring owners to clean up and correct hazardous conditions that threaten health, safety, or the well-being of other residents and the building. The evidence of the conditions should be as current and thorough as possible in order to accurately convey to the court the seriousness and exigency of the present circumstances. To prepare for such situations, boards should ensure they have up-to-date emergency contact information for all owners, which can be vital in resolving these issues quickly. In some cases, agencies such as Adult Protective Services can be brought in to provide support and intervention.

BD. OF MANAGERS OF THE 48-54 W. 138TH ST. CONDO. V. BURDOCK

WHAT HAPPENED For over two years the board at the Saint Ann Court condominium in Harlem has been working with Flora Burdock to remedy hoarding conditions in her apartment. In 2023 Ms. Burdock was court ordered to permit access to her apartment to clear unsafe conditions, and it cost around $50,000 in clean-up and legal costs. Unfortunately, the hoarding recurred and Burdock has again refused access for inspections, resulting in foul odors, insect infestations, and health and safety risks to neighbors. Asserting that Burdock’s continued misconduct violates the condominium’s bylaws and house rules, the board went back to court to force her to allow access so the unit can be cleaned and the nuisance abated. The board is also asking Burdock to foot the bill for the clean-out and reimburse the condominium for legal fees.

IN COURT Back in court, the board claimed the conditions caused bad smells, pests, and violated the condo rules. It asked for several things: to decide the case right away (without a trial), to issue a permanent order requiring Ms. Burdock to fix the problem, to make her pay the board’s legal fees and to have the case transferred to the same judge who handled the earlier case. The court denied the transfer request and immediate order (called a “preliminary injunction”) to force cleanup, saying the board’s evidence - a few photos and a statement from the building manager - wasn’t enough, especially since the inspections had taken place more than eight months before the motion. The request for attorney’s fees was also denied, for now, because the case isn’t finished yet. However, the court did order Ms. Burdock to let the board inspect her apartment and cooperate with cleanup and repairs. She must give access within 14 days or risk being held in contempt of court (which could mean fines or other penalties). The judge also told the board to contact Adult Protective Services to see if Ms. Burdock needs help keeping her apartment safe and sanitary.

COUNSEL for the condo board KENNETH AMORELLO Smith Buss & Jacobs; for Flora Burdock SELF REPRESENTATION; Justice Mary V. Rosado