Disabled Tenants Given Chance to Relocate

Facts: Landlord sued to evict tenants for nonpayment of rent. Tenants were unable to pay but asked for a chance to relocate. Tenants were a 65-year-old woman who was wheelchair-bound and her two mentally retarded adult sons. With the help of DSS, tenants were actively seeking a group home situation but had so far been unable to find anything. Court: Possession was awarded to landlord but eviction was delayed for six months under Real Property Actions and Proceedings Law (RPAPL) section 753(1). Tenants were living in their apartment, made a good faith request for the delay, couldn't relocate within the neighborhood, had made diligent and reasonable attempts to find suitable housing, and would incur extreme hardship if the delay weren't granted. The court also ordered a hearing on what was reasonable use and occupancy during this period.

BHT Limited LP v. Feliciano: NYLJ, p. 32, col.1 (5/31/95) (Civ. Ct. Kings; Callender, J)