Tenant Claims Disability in Owner-Occupancy Proceeding

Landlord sued to evict rent-stabilized tenant so that his immediate family member could live in the apartment. Tenant asked the court to dismiss the case without a trial. She claimed that she was disabled and that landlord's lease nonrenewal notice was defective. The court ruled against tenant. Landlord's nonrenewal notice asked tenant to notify landlord immediately if she was either a senior citizen or disabled. And tenant hadn't yet proved whether she was disabled. Tenant filed a notice of an appeal of the court's decision and then asked the court to delay the trial in the eviction case pending the appeal. Tenant claimed that because the Social Security Administration (SSA) gave her disability benefits, there was no question that she was disabled. The court ruled against tenant. So far, tenant had submitted only an uncertified copy of a printout showing SSI payments with the words "disabled person" on it. This wasn't sufficient proof of any disability. Because tenant raised her disability as a defense to landlord's owner-occupancy claim, she must be prepared to provide more proof. Nothing in the Rent Stabilization Code said that the SSA's finding of disability was proof of disability for purposes of rent stabilization questions. And it was not the SSA's function to determine what impact tenant's disability would have on her housing status.

Borg v. Santos: NYLJ, 10/18/07, pg. 28, col. 1 (Civ. Ct. Kings; Heymann, J)