Landlord Can Evict Mentally Ill Tenant

October 31, 2010

LVT Number: #22960

After landlord NYCHA ruled that tenant could be evicted for causing hazardous conditions in his apartment, tenant's brother appealed and claimed that NYCHA's decision was arbitrary and unreasonable. The brother argued that NYCHA failed to consider that the mentally ill tenant would end up in a shelter or institutionalized if evicted. NYCHA asked the court to dismiss the appeal. The court ruled for NYCHA. Tenant's apartment was extremely dirty, and tenant had stockpiled flammable items.

After landlord NYCHA ruled that tenant could be evicted for causing hazardous conditions in his apartment, tenant's brother appealed and claimed that NYCHA's decision was arbitrary and unreasonable. The brother argued that NYCHA failed to consider that the mentally ill tenant would end up in a shelter or institutionalized if evicted. NYCHA asked the court to dismiss the appeal. The court ruled for NYCHA. Tenant's apartment was extremely dirty, and tenant had stockpiled flammable items. Even if tenant is mentally ill, landlord isn't required to keep tenant in public housing since conditions in tenant's apartment pose a threat to the health and safety of other tenants. In addition, tenant's brother had no standing to challenge NYCHA's decision since he wasn't tenant's legal representative.

A.R. v. NYCHA: Index No. 4011XX/10, NYLJ 1202473123542 (Sup. Ct. NY; Hunter, J; 10/1/10)

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