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Rondo15 · Jul 20, 2015, 11:05 PM

Tenant. She does not take her medication. There are pills all over the floor. When she can't find something, she pulls everything out of closets and drawers and there are no clear pathways for her walker. She verbally abuses providers who come to provide care.
She has begun to slap and push providers such as HHAs and nurses. She has slapped my son when he tried to help her reconnect her phone which she pulled out of the wall. She pulled my daughter out of the car when she refused to talk (actually listen to her). Recently she left her keys in the door, a pot on the lit stove and took off with her HHA following. She is now in the hospital. APS has said she is not safe in the apartment if she does not have HHAs and there have been HHAs only on an irregular basis since last Fall. We are afraid she will accidentally set the house on fire. Her mother is in her 90's and cannot care for her, her brother is a cancer survivor and cannot deal with the stress, her son is estranged. The only family member who seems to be involved is the POA, but lives in another state. What can be done to legally evict her?

Fr_Chuck · Jul 21, 2015, 01:03 AM

New York City ( you did not say if just state or city) may have its own special rules, and also if this is a subsidized housing. (did not say that either)

Since you did nothing when she abused your children, it is most likely too late to do that now.If you have it, in writing that she must have someone with her at all times, if she does not, you can evict for safety reasons.

You also did not say if this is a month to month rental or a yearly lease.

joypulv · Jul 21, 2015, 05:16 AM

Start the eviction, because it takes several weeks. Meanwhile contact APS and the POA in writing (just a one liner is enough) to say you have done so. Document the dangerous events such as the pot on the stove, and take pictures when she lets you in. Hopefully APS will get her out of there before the eviction is final. If she hasn't left by then, you have to pay a deputy sheriff to forcibly remove her. The court will tell you the steps. Ask about possessions, because you may have to pay to store them for a while.

ScottGem · Jul 21, 2015, 05:32 AM

I agree with Joy. You said:

APS has said she is not safe in the apartment if she does not have HHAs

Do you have that in writing? Can you get it in writing? If the eviction process goes to court, subpoena APS to testify as to her ability to manage on her own. Document the danger you feel to your property.