Landlord Didn't Disclose Tenant's Mental Health Status

Landlord sued to evict tenant for creating a nuisance by a continuing course of objectionable conduct. On the first court date, landlord and tenant signed a settlement agreement putting tenant on probation for a year. Landlord later sought issuance of a judgment and eviction warrant based on tenant's violation of the agreement. At that point, tenant obtained an attorney and argued that landord's court papers were defective. The court agreed and dismissed the case.

Landlord was a not-for-profit entity under contract with the New York State Office of Mental Health (OMH) to provide supportive housing to residents suffering with mental health issues, and tenant was an eligible participant in that program. An eviction petition must correctly and sufficiently plead the regulatory status of the premises under Real Property Actions and Proceedings Law Section 741(4). Landlord's court petition didn't state that tenant's tenancy was subject to landlord's contract with OMH, the applicable OMH supportive housing guidelines, and any other applicable law or regulation. Landlord also didn't demonstrate in its papers compliance with the OMH contract and any rent regulation laws. Landlord's failure to set forth this status also caused prejudice to tenant. If the court had been apprised of the type and purpose of tenant's housing at the outset, it would have been on notice of tenant's mental disability and need for a guardian ad litem.

PCMH Crotona, LP v. Taylor: Index No. 29938/16, NYLJ No. 1202801059638 (Civ. Ct. Bronx; 8/22/17; Thermos, J)