Adult Home Has Grounds to Terminate Resident's Admission Agreement

Landlord, a home for adults, sued to evict resident, claiming that his conduct posed imminent risk of serious harm to himself or others and substantially interfered with the orderly operation of the facility. Resident asked the court to dismiss the case. He claimed that the termination notice and petition didn't state sufficient grounds for termination of his admission agreement. The court ruled against resident. The termination notice contained very specific factual claims about resident's conduct and noted 15 specific dates on which incidents occurred. The notice complied with New York City's Social Services Law, which states that the operator of an adult home can terminate an admission agreement if the resident either (a) requires continual medical or nursing care that the adult facility can't provide; (b) the resident's behavior poses risk of death or imminent risk of serious physical harm to himself or anyone else; or (c) the resident repeatedly behaves in a manner that directly impairs the well-being, care, or safety of the resident or any other resident or that substantially interferes with the orderly operation of the facility. Landlord stated sufficient facts so that resident could prepare a defense and could go forward with the proceeding.

Surf Manor Home for Adults v. Edenbaum: NYLJ, 1/16/08, p. 28, col. 3 (Civ. Ct. Kings; Kraus, J)