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Landlord & Tenant
Stay of Warrant of Eviction Constitutes Reasonable Accommodation Under Fair Housing Act
529 West 29th Street LLC v. Reyes NYLJ 4/24/19, p. 22, col. 1 AppTerm, First Dept. (memorandum opinion)
In landlord's holdover proceeding, landlord appealed from Civil Court's stay of a warrant of eviction for a six month period. The Appellate Term affirmed, holding that the stay constituted a reasonable accommodation under the Fair Housing Act.
Tenant, who suffers from schizophrenia and an unspecified mood disorder, engaged in a pattern of conduct that led to two fires in three months. Landlord then brought this holdover proceeding, contending that tenant had breached the lease by committing a nuisance. Civil Court awarded landlord possession, but stayed issuance of the warrant of eviction for six months as an accommodation to the tenant under the Fair Housing Act. Landlord appealed.
In affirming, the Appellate Term conceded that the Fair Housing Act does not require landlords to provide accommodation to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals, or would result in substantial physical damage to the property of others. In this case, however, the Appellate Term pointed to the trial court's findings that tenant is under medical treatment and has made marked improvement. As a result, the court concluded that a six-month probationary period was a reasonable accommodation for tenant's disability.
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