Notice Not Given to Group Home Residents

Landlord sued to evict tenant, which was a residential facility operated by an agency of New York State in a private home, and occupied by persons with developmental disabilities. Tenant claimed that landlord hadn't sent individual occupants the eviction papers and that therefore the case should be dismissed. The court ruled for tenant and dismissed the case. As occupants of the house, the group home residents should have been sent the court papers. If these people weren't capable of representing themselves in the case, the court would then appoint guardians for them. Although the state also had an obligation to notify the residents of the proceedings, this didn't replace landlord's responsibility to send the court papers in a manner required under RPAPL Article 7. Notably, landlord did name ''John Doe and/or Jane Doe Numbers 1 through 5'' in his termination notice.

Discala v. Facilities Development Corporation for the Office of Mental Retardation & Developmental Disabilities Staten Island Developmental Center: NYLJ, p. 32, col. 3 (10/28/98) (Civ. Ct. Richmond; Straniere, J)