Tenant Claims Apartment Occupants Are Her Caregivers

Landlord sued to evict tenant for violating substantial obligations of her tenancy. Landlord claimed that tenant allowed subtenants to live in the apartment without landlord's written consent, and to cause a nuisance by permitting them to loiter and smoke in the public areas of the building. Tenant claimed that the two named apartment occupants were her caregivers, required due to her medical conditions. Landlord asked the court for permission to conduct pretrial questioning. The court ruled for landlord. Landlord has shown ample need for limited questioning on the occupancy and use made by the apartment by the present occupants and the nature of their relationship with tenant. Tenant claimed that they assisted in her daily living and medical needs. But medical evidence so far indicated only that tenant suffered from depressive, pulmonary, and bronchial issues. Doctor's correspondence presented by tenant was vague. The issue was whether tenant's ailments required special accommodations such as round-the-clock caregivers. 

Prospect Union Assoc. v. Pompey: Index No. L&T 010188/2013, NYLJ 1202618547080 (Civ. Ct. Bronx; 9/11/13; Vargas, J)