Tenant Claims Disability in Owner-Occupancy Case

June 11, 2011

LVT Number: #23415

Landlord sued to evict rent-stabilized tenant, to recover the apartment for use as a family member's primary residence. On the eve of the trial, tenant asked the court for permission to amend her answer. Tenant now claimed that she was disabled. If proved, she would be entitled to be relocated before landlord could recover the apartment. Landlord argued that tenant raised this claim too late and without sufficient proof. The court ruled for tenant with certain conditions.

Landlord sued to evict rent-stabilized tenant, to recover the apartment for use as a family member's primary residence. On the eve of the trial, tenant asked the court for permission to amend her answer. Tenant now claimed that she was disabled. If proved, she would be entitled to be relocated before landlord could recover the apartment. Landlord argued that tenant raised this claim too late and without sufficient proof. The court ruled for tenant with certain conditions. Tenant must give landlord authorizations for access to all medical records and interviews with her doctors, since she put her medical and psychological condition at issue and thereby waived any doctor-patient privilege.

Tjia v. Schwartz: Index No. 62466/2010, NYLJ No. 1202493379138 (Civ. Ct. Bronx; 5/3/11; Kraus, J)

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