PSA Intervenes in Chronic Nonpayment Case

Facts: Elderly tenant lived on fixed Social Security income of $468 per month. She paid $365 per month in rent under the Senior Citizens Rent Increase Exemption (SCRIE) program. Landlord sued to evict tenant for nuisance because she chroni-cally paid her rent late. Landlord had started a number of nonpayment proceedings against tenant within the last two years. Tenant also owed prior landlord substantial rent arrears, which new landlord chose not to pursue. Tenant complained about conditions in her apartment and demanded a rent abatement---but there was clearly nothing wrong. Protective Services for Adults (PSA) asked to intervene in the case. Landlord claimed tenant's nuisance couldn't be cured at this point. Court: PSA can intervene because they can help tenant pay her rent. Tenant was eligible for PSA services because she couldn't manage her financial affairs. Tenant had refused PSA assistance in the past; if she continued to do so, she could become an involuntary client. PSA proposed to pay tenant's rent directly to landlord, get her food stamps and Supplemental Security Income, and do heavy-duty cleaning in her apartment. A PSA social worker, who had interviewed tenant already, would visit at least once a month.

2675 Creston Associates v. Seldin: NYLJ, p. 23, col. 2 (10/13/93) (Civ. Ct. Bronx; Fiorella, J)