Yes, if it is a private home, not subject to any rent stabilization protections, and you don't have a lease that says otherwise, the landlord can eventually evict you and your disabled child. Depending upon your other circumstances and the nature/severity of your child's disabilities, you may be eligible for public assistance that includes housing. I suggest you start by contacting South Brooklyn Legal Services at: http://www.sbls.org. Good luck!
Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: firstname.lastname@example.org. All of Ms. Brownâ€™s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.
The short answer is that anyone can, eventually, be evicted. There are some additional protections built into the system to cushion the blow a bit for people who are unable to fend for themselves, but these are not long term solutions.
You don't say what stage you are in, in the process. If you have not yet been served with court papers, by all means, when you are served, do not ignore the papers. Go to court and answer. If you are able to hire a lawyer, do so, or if you are possibly eligible for free legal services, explore that avenue.
In court, tell the judge that you have a disabled child. This will not exempt you from paying rent, but it may obtain a little more time for you to get the rent arrears. If the eviction is not based on your failure to pay rent, letting the judge know about your child's problem may cause the judge to look more sympathetically on your case.
If there is already a judgment against you, by all means tell the city marshal who is planning to evict you that you have a disabled person in the apartment. The City Marshall is then supposed to notify the NYC Department of Investigations, and they, in turn, will notify Adult Protective Services or Child Protective Services, as they see fit.
A lot will depend on the sort of disability your child has. Being evicted and finding oneself homeless is a really horrible experience for anyone, healthy or sick, but for some people it is worse than for others. Does your child need oxygen at night to sleep? Must he or she have regular access to medication that needs to be refrigerated? Those would be good reasons why an eviction would be particularly difficult for your family. If you can show that your child could die or be badly hurt by an immediate eviction, the DOI is supposed to tell the marshal to postpone it. However, if your child has a leg brace or is deaf or blind, there is no real medical reason why your child would be a lot worse off in a shelter than any other child. Think through what argument you can make as to why your child would be particularly damaged by an eviction (more so than a non-disabled child).
Even after your case is referred to the Department of Investigations, this does not mean that your eviction is postponed forever. It slows the process down but doesn't stop it entirely. Good luck.
The short answer is that your disabled child will not stand as a bar to your eviction from the home.
It is always advisable to contact an attorney. For a consultation, please contact my office at 516-669-3295. We are located in West Babylon, NY and proudly offer very low rates and free consultations.
<a href="http://www.LouisLSternbergLaw.com">Please visit us on the web.</a>
READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.