Landlord Must Produce Medical Records of Disability

Landlord sued to evict rent-stabilized tenant for owner occupancy by himself and his wife. Tenant questioned landlord's good-faith intent to occupy the apartment. Landlord was receiving SSDI benefits. Tenant pointed out that landlord got these benefits for a severe asthma condition and that, at an SSA hearing, landlord testified that he was unable to climb any amount of stairs without a problem. Tenant's apartment was on the third floor of a walk-up building. Tenant asked the court to direct landlord to authorize the release of his Social Security disability records. The court ruled against tenant, and tenant appealed. The appeals court ruled for tenant in part. The medical records in question relate to whether landlord can climb the stairs, and are relevant to tenant's defense. Landlord was ordered to present to the housing court judge medical records introduced at the SSA hearing, as well as any updates submitted to SSA. The judge would then decide if the materials should be produced in court.

Stern v. Levine: NYLJ, 12/5/05, p. 39, col. 4 (App. T. 2 Dept.; Pesce, PJ, Rios, Belen, JJ)