Eviction Case Against Schizophrenic Tenant Stopped

Facts: Landlord sued to evict tenant and his adult son after refusing to renew tenant's lease. Tenant's son had vandalized the building's recreation room on one occasion and turned off the electricity to several apartments on another. Tenant sued in federal court to stop landlord's eviction case. Tenant claimed that landlord was discriminating against a handicapped person, in violation of the Fair Housing Amendment Act. Tenant's son was schizophrenic and had stopped taking his medication after his mother had a stroke. After the two incidents, tenant persuaded his son to get hospital treatment, followed up by home care visits. There had been no other incidents since then. Court: Tenant wins. The court granted tenant an order barring landlord from going forward with the eviction case. Although landlord said it would seek eviction of anyone who behaved the way tenant's son did, it was clear that landlord sought to evict tenant and his son because of the behavior caused by the son's schizophrenia. Although other tenants had complained, no one had moved out of the building because of tenant's son, and there had been no problems for at least six months since the son started getting better treatment. Tenant also showed that he couldn't find other affordable housing.

Blalock v. Amityville Senior Development Corp.: NYLJ, p. 36, col. 3 (11/12/99) (EDNY; Hurley, J)