Group Home Resident Locked Out After Waiving Eviction Proceedings

Transitional Services of New York for Long Island, a nonprofit organization, operated a group home for mentally ill homeless people. TSNYLI allowed 62-year old resident to move into the group home with two other women after she signed an agreement waiving "all statutory and/or regulatory relief or defenses regarding eviction." Some time later, TSNYLI locked resident out of the home, claiming she caused dangerous conditions there. Resident sued TSNYLI, claiming that she was illegally evicted. She argued that a 1987 law authorizing federal funding to assist the homeless required that she be evicted only through formal proceedings. TSNYLI argued that resident wasn't a tenant, saying it was a mental health program that provided housing as a component. The court ruled against resident. She appealed and lost. TSNYLI had the right to oust resident under the agreement she signed. TSNYLI staff found that resident was lighting candles in her room and that she had created extremely cluttered conditions. TSNYLI also had resident sign the agreement because she had a history of commencing lawsuits.

Coppa v. Laspina: NYLJ, 7/5/07, p. 28, col. 6 (App. Div. 2 Dept.; Schmidt, JP, Skelos, Lifson, Covello, JJ)