Private Organization Can Sue to Evict Nuisance Tenant

March 1, 2008

LVT Number: #20229

Facts: The Center for Behavioral Health Services (CBHS) rented individual apartments from landlord. CBHS then sublet apartments to adult clients it provided with mental health services. The clients, as subtenants, shared the apartments with other client roommates. CBHS sued to evict subtenant based on continuing objectionable conduct toward his roommates. Subtenant claimed that his due process rights were being violated. He argued that CBHS was intertwined with the New York State Office of Mental Health (OMH).

Facts: The Center for Behavioral Health Services (CBHS) rented individual apartments from landlord. CBHS then sublet apartments to adult clients it provided with mental health services. The clients, as subtenants, shared the apartments with other client roommates. CBHS sued to evict subtenant based on continuing objectionable conduct toward his roommates. Subtenant claimed that his due process rights were being violated. He argued that CBHS was intertwined with the New York State Office of Mental Health (OMH). Therefore, the OMH should have been notified before CBHS sent subtenant a termination notice. Subtenant asked the court to dismiss the case.

Court: Subtenant loses. CBHS wasn't the state or a government agency and could enter into leases without prior government approval. CBHS had no written contract with OMH, received no federal funding, and wasn't required to be licensed by any government agency. No hearing before any agency was required before terminating the sublease.

Center for Behavioral Health Services v. Bock: NYLJ, 2/6/08, p. 27, col. 3 (Civ. Ct. Kings; Heymann, J)

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