Can a rent-regulated tenant who has to stay in a nursing home for an extended period of time be evicted?
The matter is not under the jurisdiction of DHCR. This situation is reviewed by the courts and is decided on a case-by-case basis. Historically, the courts have included as part of their consideration the length of time spent in the nursing home, evidence of an intention to return to the apartment, the tenant’s medical prognosis and whether the tenant’s possessions have been removed from the apartment.
