Tenant Institutionalized for Depression

May 31, 1998

LVT Number: 12369

Landlord sued to evict loft tenant for nonprimary residence. Tenant moved into loft in 1978, and between 1993 and 1996 was institutionalized for depression and substance abuse. The court ruled against landlord, and landlord appealed. The appeals court ruled against landlord. Tenant's absence from the apartment was excusable. Unlike cases involving elderly tenants who can't prove an ability to return from nursing homes, this case involved a 40-year-old whose institutionalization was temporary rather than permanent in nature, and who hadn't abandoned the loft or established a new residence.

Landlord sued to evict loft tenant for nonprimary residence. Tenant moved into loft in 1978, and between 1993 and 1996 was institutionalized for depression and substance abuse. The court ruled against landlord, and landlord appealed. The appeals court ruled against landlord. Tenant's absence from the apartment was excusable. Unlike cases involving elderly tenants who can't prove an ability to return from nursing homes, this case involved a 40-year-old whose institutionalization was temporary rather than permanent in nature, and who hadn't abandoned the loft or established a new residence. Tenant had also moved back into the loft.

Katz v. Gelman: NYLJ, p. 27, col. 4 (5/26/98) (App. T. 1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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