Tenant Hospitalization No Excuse for Late Challenge of Certificate of Eviction

In January 1997, HPD issued a certificate of eviction permitting landlord to go forward with an eviction proceeding against Mitchell-Lama tenant. Other tenants had complained of tenant's behavior, which included verbal and physical assaults and harassment of other tenants. In May 1997, HPD outreach personnel saw bullets on tenant's dresser, and tenant threatened to shoot people. The police then got a search warrant and found a gun and ammunition in tenant's apartment. Tenant was thereafter hospitalized for several months. HPD issued a certificate of eviction after the May incident, but delayed it until the matter could be referred to Protective Services for Adults. Landlord then sued to evict tenant. The court ruled for landlord in September 1997. Tenant then sued HPD in court, challenging the issuance of the certificate of eviction. HPD claimed that tenant's challenge was filed too late, since it was filed well over four months after the certificate of eviction was issued. Tenant claimed that the four-month time limit shouldn't apply because he was hospitalized for insanity. The court ruled against tenant. Tenant's mental disability didn't amount to insanity. He was still able to function in society, as shown by his ability to file an appeal of HPD's decision. Tenant's challenge was filed too late.

Matter of Mayo v. Roberts: NYLJ, p. 22, col. 2 (1/6/98) (Sup. Ct. NY; Saxe, J)