Tenant Didn't Take Prescribed Medication

February 1, 1995

LVT Number: 9483

Landlord asked NYCHA for permission to evict tenant for nuisance. The hearing officer ruled for landlord, finding that there was no reason to believe that tenant's conduct would improve in the future. Tenant appealed, claiming that he was being discriminated against because of his mental disability. The appeals court ruled for landlord. The evidence showed that tenant was hostile and a continued threat to the safety of other tenants because he consistently didn't take his prescribed medication. So, the eviction wasn't discriminatory.

Landlord asked NYCHA for permission to evict tenant for nuisance. The hearing officer ruled for landlord, finding that there was no reason to believe that tenant's conduct would improve in the future. Tenant appealed, claiming that he was being discriminated against because of his mental disability. The appeals court ruled for landlord. The evidence showed that tenant was hostile and a continued threat to the safety of other tenants because he consistently didn't take his prescribed medication. So, the eviction wasn't discriminatory.

Hertwig-Brilliant v. Wright: NYLJ, p. 26, col. 3 (1/30/95) (App. Div. 1 Dept.; Sullivan, JP, Ellerin, Kupferman, Williams, JJ)

Topics

More like this