Paranoid-Schizophrenic Tenant Abusive to Neighbors

Facts: Landlord applied to HPD for a certificate of eviction against a Mitchell-Lama tenant for nuisance. HPD granted the certificate to landlord in light of tenant's bizarre and abusive behavior toward other tenants, building visitors, and building personnel. Tenant appealed HPD's decision, arguing that it was arbitrary and unreasonable. Tenant claimed that HPD should have appointed a guardian for him during its hearing, and that landlord was obligated to accommodate his disability. Court: Tenant was unquestionably a chronic paranoid-schizophrenic. He's had this condition for 25 years, and has been periodically hospitalized. At the HPD hearing, tenant showed no need for a guardian. In fact, tenant didn't claim to be an adult incapable of adequately defending his rights; he claimed that he could continue to live and care for himself in the apartment, and his psychiatric report stated that he was intelligent. His parents and attorney didn't claim he needed a guardian at the time of the hearing either. And landlord doesn't have to accommodate a tenant who poses a direct threat to the health or safety of others. But, tenant had been hospitalized again recently, and his doctor was hopeful that a new medication he was taking would stabilize him. Although tenants can't usually cure a nuisance, federal and local laws promote independent living for the disabled. Ten- ant should get a chance to show he can continue to live in the building without creating a nuisance.

Matter of Hertwig-Brilliant: NYLJ, p. 26, col. 1 (11/9/93) (Sup. Ct. NY; Parness, J)