Housing Court Can Decide Adult Care Facility's Eviction Case Against Resident

July 20, 2016

LVT Number: #27084

Owner of adult care facility sued to evict resident, claiming that he breached the admission agreement by his conduct and failure to follow facility rules. Landlord had terminated the admission agreement and brought the court action under the Social Service Law Sections 461(g) and (h).  Resident claimed that housing court didn’t have the authority to rule on the case and asked the court to dismiss the case. Owner, in turn, asked housing court to transfer the case to Civil Court if it couldn’t decide the case. The court ruled against the resident and kept the case.

Owner of adult care facility sued to evict resident, claiming that he breached the admission agreement by his conduct and failure to follow facility rules. Landlord had terminated the admission agreement and brought the court action under the Social Service Law Sections 461(g) and (h).  Resident claimed that housing court didn’t have the authority to rule on the case and asked the court to dismiss the case. Owner, in turn, asked housing court to transfer the case to Civil Court if it couldn’t decide the case. The court ruled against the resident and kept the case. The Civil Court Act authorized housing court to rule in proceedings directly concerning residents of an adult home. And nothing in the Social Service Law barred housing court from ruling on the case.

 

 

 
Oceanview Manor Home for Adults v. Vargas: Index No. L&T 53189/2016, NYLJ No. 1202759442056 (Civ. Ct. Kings; 5/12/16; Kuzniewski, J)

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