Investor · New York City, NY · Member since 2017 · 48 posts · 14 votes
Have an 82 year old rent control tenant who is no longer able to care for herself. Falls frequently and can no longer operate a phone. No relatives in the country. Legally I can't 'harass' her into leaving but I'm concerned I may also have liability for not doing anything since she should be in assisted living, etc. Anyone know an expert or someone who has dealt with this situation before? It must come up fairly often now with the rent control population demographics. Thanks.
Call the city’s health services and explain your concerns. If there’s an elderly care department, call them too. Make specific and thorough notes about everything. Let them handle it and just collect the rent. If she is removed, attend court hearings and find out if she’ll voluntarily give up the apartment or if she’ll still pay the rent.
Call the city’s health services and explain your concerns. If there’s an elderly care department, call them too. Make specific and thorough notes about everything. Let them handle it and just collect the rent. If she is removed, attend court hearings and find out if she’ll voluntarily give up the apartment or if she’ll still pay the rent.
Real Estate Broker · New York, NY · Member since 2020 · 2k+ posts · 1k+ votes
1y
Yeah, this definitely comes up more often than people think, especially in NYC with long-term rent-controlled tenants aging in place.
Legally, you’re right — you can’t pressure or push her out; that could land you in hot water for harassment. But you also don’t want to ignore her condition if she’s clearly unsafe. Your best move here is to treat it as a health and safety concern, not a landlord-tenant issue.
You should probably contact Adult Protective Services (APS) — they’re set up for exactly this kind of case: elderly people with no nearby family, declining health, and possibly living in unsafe conditions. APS can step in, do an assessment, and if needed, arrange help or placement in a facility.
You might also want to talk to a landlord-tenant attorney familiar with NYC rent control rules, just to cover yourself on the liability side and make sure you’re documenting things properly. You’re not responsible for becoming her caregiver, but you don’t want to be seen as neglecting a known health issue in your building.
Real Estate Agent · Kansas City, MO · Member since 2020 · 1k+ posts · 492 votes
1y
It's a delicate situation, and it's important to approach it with compassion and care. You might consider reaching out to local social services or elder care agencies that can provide guidance on how to best support your tenant. They may be able to offer resources or interventions that can help ensure her safety and well-being. Additionally, consulting with a legal expert who specializes in elder law or tenant rights could provide clarity on your responsibilities and options. Remember, the goal is to find a solution that respects her rights while also addressing her needs and your concerns.