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529 W. 29th LLC v. Reyes

Possession Against Mentally Ill Tenant Granted; Warrant Stayed to Allow Cure of Nuisance

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*1  This nuisance holdover proceeding was tried before this court in the fall of 2017. Both parties were represented by counsel. Post-trial memoranda were submitted on December 15, 2017. The building at issue is a government subsidized project based Section 8 development, which is also subject to rent stabilization. Respondent receives Social Security Disability benefits as a result of serious mental illness that prevents him from working. At trial, petitioner proved a prima facie case of nuisance. Specifically petitioner established that respondent was responsible for two fires in his apartment, one in August 2015 and a second in November of the same year. Respondent acknowledged that in August 2015 he placed a quantity of personal papers and documents in his bathtub and burned them. Respondent testified credibly that he set this fire while in the throws of an attack of extreme anxiety about a possible identity theft. He said he kept a bucket of water nearby and did not intend his burning of his papers to disturb others. While the fire did cause a smoke condition, it did not damage the apartment or any other part of the building.

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