Mentally Disabled Tenant Must Be Restored to Possession

April 1, 2000

LVT Number: 13967

Tenant, a resident of a community home for persons with mental disabilities, sued landlord after he was removed from his room at the home. Landlord, the operator of the home, claimed that it was allowed under tenant's occupancy agreement and under the Mental Hygiene Law to evict tenant without going to court. The court ruled against landlord. Tenant's occupancy agreement was unclear as to whether landlord could use self-help. Landlord was ordered to restore tenant to possession of his room.

Tenant, a resident of a community home for persons with mental disabilities, sued landlord after he was removed from his room at the home. Landlord, the operator of the home, claimed that it was allowed under tenant's occupancy agreement and under the Mental Hygiene Law to evict tenant without going to court. The court ruled against landlord. Tenant's occupancy agreement was unclear as to whether landlord could use self-help. Landlord was ordered to restore tenant to possession of his room.

Wims v. Abraham Residence III: NYLJ, 3/22/00, p. 28, col. 3 (Civ. Ct. NY; Elsner, J)

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