My father-in-law died last week after four months in a coma. There is a tenant in one of his buildings who a) has not paid a full month's rent in almost a year, b) NO rent at all since my father-in-law was hospitalized in May, c) is occupying--as living area--a part of the building that is outside the confines of his apartment, and d) whose lease is expiring in the next day or so (it may have expired within the last week while we were mourning). We know that NYC has laws that protect tenants, even ones like this. But if this tenant is allowed to stay without paying rent it would be a disaster for the estate.
I believe this tenant was actively taking advantage of my father-in-law--preying on his kindness and generosity, and his soft spot for members of his own ethnic community. This is not likely a crime. However, my father-in-law was 75 and suffering from a serious heart condition, which could have impaired his judgment. I would love to see this person charged with elder abuse for taking financial advantage of this. At least, I would like to offer up the possibility of criminal action if he does not vacate the unit willingly. Can a case for elder abuse be made here?
Yes. An experienced attorney can study the elder abuse statute and case law.
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