Mentally Ill Tenant Violated Settlement Agreement

Facts: Landlord sued to evict tenant for creating a nuisance. Tenant was mentally ill and hadn't taken her medication. She repeatedly screamed, slammed doors and windows, and threatened other tenants. Landlord and tenant signed a court-ordered settlement agreement that put tenant on a one-year probation. Landlord later asked the court for permission to evict based on tenant's violation of the agreement. A hearing was held at which other tenants testified that tenant's behavior continued. Tenant's attorney argued that a further delay should be granted because tenant's doctor had been given permission to medicate tenant by force, under Kendra's Law. Court: Landlord wins. The court could grant no further delay of eviction, since tenant so clearly violated the settlement agreement. Both an attorney and a guardian had represented tenant. Kendra's Law, which permits application to a court for permission to forcibly medicate mentally ill persons to prevent danger to themselves or others, was in effect when the agreement was signed and, at that time, hadn't been applied to tenant. The health and safety of other tenants had to be considered. This was also the second agreement tenant had signed. She had already gotten one extension.

Sacchetti v. Rosen: NYLJ, 11/15/00, p. 27, col. 6 (Civ. Ct. NY; Elsner, J)