Is Disabled Tenant Entitled to Accommodation to Curb Violent Outbursts?

Landlord sued to evict tenant for creating a nuisance. The parties signed a probationary stipulation in court by which tenant agreed to refrain from loud and violent arguments in the building. The stipulation included a "no cure" provision. There were no further disturbances for 10 months, but later tenant got into a loud argument with his partner after tenant was attacked on the street. The partner beat tenant. Landlord issued an eviction notice based on this altercation. In response tenant asked the court to intervene. Tenant's doctor submitted letters describing tenant's bipolar disorder and stating that tenant was improving with treatment.

The court ruled for tenant and found the "no cure" provision in the prior stipulation to be void as against a strong public policy to protect the disabled. Under the Fair Housing Act, the court held that landlord must demonstrate that there was no reasonable accommodation that would eliminate or acceptably minimize the risk posed by the handicapped tenant. The court ordered landlord and tenant to return at a later date for a hearing on whether tenant was entitled to an accommodation and, if so, what that accommodation should be.

River Place II, LLC v. Hurd: Index No. 301012-21, NYLJ No. 1690837949 (Civ. Ct. NY; 6/26/23; Bacdayan, J)