Tenant Claiming Disability Must Get Physical Exam

December 1, 1998

LVT Number: 12813

Landlord sued to evict rent-stabilized tenant so that he and his family could move into the apartment. Tenant claimed that she had a permanent disability so, under the law, landlord couldn't take back her apartment. Tenant didn't say what her disability was and produced only a vague doctor's letter in support of her claim. Landlord asked the court to order tenant to produce medical records and submit to an independent physical exam as part of pretrial questioning. Tenant claimed that landlord wasn't entitled to see her medical records. The court ruled for landlord.

Landlord sued to evict rent-stabilized tenant so that he and his family could move into the apartment. Tenant claimed that she had a permanent disability so, under the law, landlord couldn't take back her apartment. Tenant didn't say what her disability was and produced only a vague doctor's letter in support of her claim. Landlord asked the court to order tenant to produce medical records and submit to an independent physical exam as part of pretrial questioning. Tenant claimed that landlord wasn't entitled to see her medical records. The court ruled for landlord. Tenant can't claim her disability as a defense to eviction without showing what the claimed disability is. Tenant must get a physical exam to explain her condition.

Banchik v. Ruggied: NYLJ, p. 29, col. 4 (11/18/98) (Civ. Ct. NY; Malatzky, J)

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