New Medication Improved Schizophrenic Tenant's Behavior

Facts: Landlord sued to evict schizophrenic rent-stabilized tenant for nuisance. The trial court and appeals court ruled for landlord. Tenant's behavior violated a settlement stipulation, and interfered substantially with the comfort and safety of other tenants. After tenant's trial, a new drug, Clorazil, became available and tenant's hospital starting treating her with it. Tenant's psychiatrist testified that in the course of a year the new medication had caused a remarkable change in tenant's behavior. The drug did have potential serious side effects, and tenant had to be monitored weekly. Landlord and other tenants admitted that tenant no longer bothered anyone. But landlord asked the court to proceed with the eviction out of concern that tenant would eventually relapse into her former abusive behavior. Tenant then asked the court for a new trial based on new evidence. Court: A new trial wasn't necessary. Continued stay of execution of the eviction warrant gives tenant sufficient protection. It also gives landlord a reasonable time to apply for lifting the stay if tenant relapses into uncontrolled abusive behavior.

301 East 69th Street Associates v. Eskin: NYLJ, p. 24, col. 2 (11/24/93) (Civ. Ct. NY: Gould, J)