Elderly, Disabled Tenant Granted Six-Month Delay of Eviction

Landlord sued to evict tenant for creating a nuisance based on the condition of her apartment. Tenant was elderly, was granted a life estate when her family sold the building to landlord, and had an Article 81 guardian appointed by another court. Landlord and tenant signed a settlement agreement providing for regular apartment cleanings and giving landlord monthly access to perform extermination services. The agreement also said that if tenant violated its terms within 15 months, landlord could return to court for a hearing on whether there had been a breach. Within two months, landlord claimed that apartment conditions were worse, but the court found that any delay in compliance was caused by a force majeure beyond the control of tenant's guardian. Later, landlord again returned to court and claimed that the cluttered apartment was infested with roaches and bedbugs. Landlord's witnesses included management staff, an exterminator, and another tenant.

The court ruled for landlord in part, granting a judgment of possession. But the court stayed execution of the eviction warrant for six months to allow tenant a chance to cure conditions because landlord had an obligation to provide a disabled tenant with a reasonable accommodation, tenant had a life estate in the apartment and therefore had a possessory interest in the property, a heavy-duty cleaning had recently been performed by the guardian, and tenant's home care assistance plan included four hours each day, four days per week.

E&V Acquisition, LLC v. Margaret H.: 2019 NY Slip Op 29310 (Civ. Ct. NY; 9/25/19; Wan, J)