Schizophrenic Tenant Evicted Despite DSS Attempts to Reinstate Her

October 28, 2016

LVT Number: #27306

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant owed $26,000 for two years’ rent. The court ruled for landlord based on tenant’s default and the marshal notified DSS that tenant might need the agency’s services. HRA’s psychiatrist reported that tenant was schizophrenic, had been hospitalized many times, and had a long history of noncompliance with treatment. Ultimately, tenant was evicted and went back to court seeking to be restored to possession. The court ruled against tenant when she failed to appear on the court date.

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant owed $26,000 for two years’ rent. The court ruled for landlord based on tenant’s default and the marshal notified DSS that tenant might need the agency’s services. HRA’s psychiatrist reported that tenant was schizophrenic, had been hospitalized many times, and had a long history of noncompliance with treatment. Ultimately, tenant was evicted and went back to court seeking to be restored to possession. The court ruled against tenant when she failed to appear on the court date. DSS then appeared for tenant and asked the court to restore her to possession. The court ruled against DSS. DSS didn’t send a copy of its court papers to tenant, and its papers weren’t supported by a sworn statement by a person with personal knowledge of tenant’s condition.

 

 
Pacific Park LLC v. M.W.: 52 Misc.3d 1226(A), 2016 NY Slip Op 51293(U) (Civ. Ct. Kings/ 9/7/16; Marton, J)

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