Collyer' Hoarding Cases: Mental Health, Fire, Health Team Needed
By Daniel G. Fish
NYLJ, December 31, 2008, page 3.
It is almost a certainty that in the career of every elder law attorney there will be a case involving a senior who hoards rubbish. These are cases where individuals collect items that appear to have no value, are completely unable to throw them away, and the collection interferes with the ability to live in the residence. It is much more than mere messiness. It is clutter that affects health and safety.
It is almost impossible to describe the condition of the dwelling until you have visited a client in this situation. Once you have experienced it, you will never forget the overpowering odor, the insect and vermin infestation, the inability to move in the apartment due to piles of newspapers and trash that reach the ceiling, and the countless animals in semi-starvation condition.
'Matter of Murray F.'
For those who have not already been involved in such a case, a sense of the physical condition can be obtained from reading the opinion of Judge Anthony J. Cutrona in The Matter of Murray F. and Marilyn F. 1
Evidence was presented to this court that Murray F. suffers from Collier (sic) Brothers Syndrome, in other words, he is a hoarder. Their apartment at 7201 Bay Parkway, Brooklyn, was stacked floor to ceiling with magazines, newspapers, garbage, old mail (from the Post Office) etc. There was severe insect infestation. Moreover, there were two dogs in the apartment who were allowed to defecate and urinate in the house. In sum, the apartment was an unsanitary, unhealthy, ing mess. The description of the apartment was confirmed by several photographs taken by the court evaluator.
The guardian in this case reported:
Murray completely rejected the notion that his apartment was a dangerous fire and health hazard because of possessions and trash piled from floor-to-ceiling throughout the whole apartment. During the visit I observed mice all over the apartment as they skittered over the heaps of old newspaper and other assorted trash - there were mounds of mouse feces everywhere and every square inch of the apartment was infested with cockroaches . . . . Living with Mr. and Mrs. F., amidst the clutter and squalor, are two dogs that are matted, covered with feces and appear to be in ill health. I believe that the dogs never go outside because they urinate and defecate on the hallway floor that was covered with plastic bags that were taped to the floor.
'Cabrini Terrace v. O'Brien'
A further view of the conditions is gleaned from Cabrini Terrace v. O'Brien,2 where the court begins the opinion by stating "Petitioner commenced this Collyer-type holdover proceeding against respondent Charles O'Brien, a rent stabilized tenant . . . "
The witnesses described the smell inside respondent's apartment as 'bad,' 'foul,' 'like garbage,' 'mildewy,' 'musty,' 'noticeable,' 'old,' and 'unbearable.' On a scale of 1 to 10, 10 being the worst, one witness described the smell inside the apartment as a 10. Respondent's neighbors left candles and incense outside their apartment because the smell emanating from respondent's apartment extended to the elevator. One witness testified that he had to wear a face mask because the smell inside the apartment was 'unhealthy.'
'Zipper v. Haroldon Court'
In Zipper v. Haroldon Court,3 the Appellate Division rejected the trial court's conclusion that foul odors were an "inescapable reality of urban life" and found that they constituted a nuisance warranting eviction. The court found support for its conclusion " . . . provided by the testimony of Lieutenant Meehan as to what he termed a 'Collyer Mansion'-like condition in the apartment, meaning that the apartment was dangerously cluttered with furnishings, boxes and debris."
Psychological Aspects
Attempts to deal with hoarding cases are met with two significant barriers; the psychological resistance of the hoarder and the tendency of outsiders to minimize the significance of the problem.
The psychological aspects of these cases are more puzzling than the physical conditions. The items that to everyone else are of no value are seen by the hoarder as priceless and irreplaceable treasures. The hoarder sees nothing wrong in the behavior. The suggestion that the items be thrown away can lead to very strong reactions on the part of the hoarder. It is as though the hoarder and all others are in parallel worlds that do not intersect.
Judge Cutrona in the Murray F. case experienced this dissonance and stated, "This is truly one of the most demanding cases that the Court has encountered in the Guardianship Part. It is a case study of the frustrations encountered in many of these situations, where, despite the best efforts of many different people, no solace can be found for the IPs or any of the other parties."
To those who have not had direct contact with the problem, hoarding behavior may seem to be romantic or no more serious than an eccentric, amusingly odd quirk. In fact, it seems to have a quixotic appeal to playwrights, demonstrated by "Clutter: The True Story of the Collyer Brothers Who Never Threw Anything Out" by Mark Saltzman; "The Dazzle" by Richard Greenberg; and "The Collyer Brothers at Home" by Mark St. Germain.
This literary connection is further evidenced by the fact that the behavior has been called Plyushkin's syndrome, after a character in Gogol's "Dead Souls," Havisham's syndrome, after a character in "Great Expectations" and Diogenes syndrome (Diogenes is considered one of the founders of Cynicism. He also is said to have become a disciple of Antisthenes, the former pupil of Socrates.)
The clinical term is syllogomania. The artistic fascination with the behavior leads to a glorification of the condition. The traditional personal autonomy analysis certainly has a place in evaluating these cases. However, when the effect upon others is considered, particularly those living in close proximity, the scrutiny changes because the behavior can have a profound negative effect upon others as a question of public health, animal cruelty or fire hazard.4
Conclusion
An attorney who is involved in a hoarding case will by definition need support from a variety of disciplines. The first may be someone with a professional understanding of the mental health aspects of hoarding. The team may include a heavy-duty cleaning company similar to the type used to clean up crime scenes, a landlord-tenant attorney, a clutter support group, a community hoarding task force, animal control, fire department, health department, and adult protective services.
The case law indicates that such cases are likely to be time-consuming and drawn out over a period of time that may be measured in years.
Daniel G. Fish is a principal in Daniel G. Fish LLC.
Endnotes:
1. 801 NYS2d 237 (Sup. Ct. Kings County, 2005). The procedural posture of the case was a motion by the ward for the removal of the guardian four years after the original petition was filed requesting the naming of a brother-in-law as substitute guardian. The trial court rejected the petition. The Appellate Division affirmed the trial court order at 818 NYS2d 467, App. Div. 2nd Dept., 2006. A further sense of the problem can be gleaned from a series of photographs found at the Web site of Bergfeld's Estate Clearance Service (www.bergfelds.com). The photographs are not of the Murray F. apartment.
2. 859 NYS2d 893 (Civil Ct. City of NY, NY Cty., 2008).
3. 835 NYS2d 43, (App. Div. 1st Dept., 2007).
4. Twelve firefighters were injured in a blaze in Sunnyside, Queens, on July 3, 2006 in a dwelling described as a Collyer-brother's-type mansion.