In an eviction proceeding, if an adult or child is currently receiving SSI or SSDI, can that stall or postpone the hearing or process any?

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In an eviction proceeding, if an adult or child is currently receiving SSI or SSDI, can that stall or postpone the hearing or process any?

Asked on August 28, 2012 under Real Estate Law, New York

Answers:

Mark Siegel / Law Office of Mark A. Siegel

Answered 8 years ago | Contributor

The court has the power to determine if the tenant, or a child residing in the subject premises, suffers from a mental or physical disability, & if so, whether the disability is such, that the court will exercise its judicial discretion in staying the trial of the matter, or staying the eviction of the tenant (extending the tenant's time to vacate) if a judgment is entered in favor of the landlord. 

If the court determines that the disability warrants the intervention an appropriate government agency (e.g. Adult Protective Services), then the court has the power to permit the agency to request appropriate relief in the proceeding (usually by the filing of a motion), on behalf of a disabled tenant (or child) who qualifies for such relief.     


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