Landlord Can Evict Tenant Who Was Abusing Elderly Co-Tenant

Landlord, a senior citizen, sued to evict two month-to-month tenants that she rented a room to. Only one of the tenants, a woman, appeared in court. Landlord and tenant signed a settlement agreement. Tenant agreed to move out by March 31, 2015. Tenant later asked the court to delay the eviction so she could obtain social services for the other tenant, who was an older man. The city’s Human Resources Administration (HRA) appeared in court and sought appointment of a guardian ad litem for the other tenant. Landlord testified that the woman abused the man, confiscated his monthly financial benefits, and sometimes forced him to sleep outside. The woman also behaved in an abusive manner toward everyone in court. The court ruled that landlord could proceed with eviction against the woman, but that the man couldn’t be evicted since he didn’t sign the settlement agreement.  HRA also was likely to seek an Article 81 guardian for the man’s protection.

Bailey v. Dixon: 47 Misc.3d 1225(A), 2015 NY Slip Op 50854(U) (Civ. Ct. NY; 6/4/15; Avery, J)