Elderly tenant in NYC

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Elderly tenant in NYC

Barbara S.
Rental Property Investor · NYC, NY · Member since 2010 · 21 posts · 9 votes

I am in NYC, have an elderly tenant that should be in a nursing home but refuses to go.  He is alone, no family and a handful of friends that check in on him occasionally.  I have been trying to get him social services for years now, and he flat out refuses their help.  I worry about him falling down the stairs.  I am also concerned that when he passes, I will be stuck with this disaster of an apartment and I have no idea what to do. He is currently in the hospital and will probably be discharged to a rehabilitation center once again.  How do I collect rent from him while he is away? And is there anything I can do to have him "committed" to a nursing home or assisted living? He is in his 90s and is a complete mess.  Has been wearing the same clothing since the summer, hasn't cleaned his apartment since the spring and left the gas on on his stove top last week and showed no remorse or concern for the other tenants in the building.  What should  I do to protect myself?

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Shane H.
Investor · Wichita, KS · Member since 2015 · 769 posts · 279 votes
7y

You could call Adult protective services - every state is different - I'm sure NY has some sort of department like that.

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  • Shane H.
    Investor · Wichita, KS · Member since 2015 · 769 posts · 279 votes
    7y

    You could call Adult protective services - every state is different - I'm sure NY has some sort of department like that.

    2Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    7y

    Yes, report him to Adult Protective Services. I had to do this with one of my tenants recently. It took several months of reporting him before they were finally able to find him help.

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  • Jason LeePro Member
    Real Estate Agent · New York, NY · Member since 2015 · 401 posts · 235 votes
    7y

    I would speak to a landlord/tenant attorney. I can recommend a few. Where in NYC? 

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  • Thomas S.
    Member since 2016 · 13k+ posts · 12k+ votes
    7y

    Based on your landlord tennat regulations serve him with a eviction notice if rent is not paid on time, serve him with a eviction notice for endangering other tenants, serve him with a eviction notice for not properly maintaining the unit placing the building at risk. 

    The possibilities are endless depending on your state legislation. I would combine this with calling adult protective services to in force your position.

    If you want this tenant out, for what ever reason, there is absolutely no place for compassion. That is what placed you in this position in the first place. After you ask someone to leave and they refuse the gloves come off.

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  • Barbara S.
    OP
    Rental Property Investor · NYC, NY · Member since 2010 · 21 posts · 9 votes
    7y

    I have called DPS numerous times, they take him to the hospital and then a rehab/nursing home and within a month he is back home. I was told evicting him is useless, no NYC judge is going to evict a 90 year old man. 

    He came home from hospital today, so here we go again. His “friends” now want keys to the building do they can “help” him.  

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  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    7y
    Originally posted by @Barbara S.:

    I have called DPS numerous times, they take him to the hospital and then a rehab/nursing home and within a month he is back home. I was told evicting him is useless, no NYC judge is going to evict a 90 year old man. 

    He came home from hospital today, so here we go again. His “friends” now want keys to the building do they can “help” him.  

     Get in touch with him on a day he's competent and explain the situation. Tell him you need someone with a power of attorney to act on his behalf if he's incapacitated. That shouldn't be too hard to do.

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  • Barbara S.
    OP
    Rental Property Investor · NYC, NY · Member since 2010 · 21 posts · 9 votes
    7y

    Nathan, I have had this conversation with him many times over the last 5 years. He agrees to XXXX (fill in the blank, go see lawyer, get home health aid, get cleaning person etc) and never follows through with anything.  He will yes me to death just to get off his back and nothing comes through.  His previous "caregiver" gave up on him because of his lies and no longer is in the picture.  

    I do not trust this new "friend" that is helping him, I believe this couple is stealing money from him and that is why they want to keep him in the apartment instead of convincing him it is time to go into assisted living.  The social worker from APS agrees there is something fishy with this couple but he hasn't been able to figure it out.  So, with that being said, can I tell this woman and her husband they cannot have keys to the house? 

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  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    7y

    If the couple isn't on the lease, then they are not entitled to a set of keys and should not have them.

    For cleaning the unit, when he agrees to a cleaning person; if you are so inclined, why not arrange for a cleaning person to come in and increase the rent to cover the cost.  I remember another person mentioned they did this with a student rental and having the cleaning person there every week or two also helped the landlord know what was going on.

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  • Barbara S.
    OP
    Rental Property Investor · NYC, NY · Member since 2010 · 21 posts · 9 votes
    7y

    Thank you!

    When I say I have tried everything with this man, I am not exaggerating.  I have made phone calls, I have had him evaluated, with the help of his previous caregiver, we arranged for cleaning people, home health aid, nursing, meals on wheels, the list goes on.  

    I have arranged for a cleaning person in the past, he let her in once and then accused her of stealing and refused to let her in again, FYI, he was there the entire time watching her and she did not steal anything, she came highly recommended by many of the neighbors. I can't force a cleaning lady on him, and he completely refused the service, I was even willing to pay out of my pocket but he won't let anyone in.  

    I don't feel comfortable giving the keys out to just anyone. My elderly mother lives in the building on the ground floor. She has already been a victim of a push in robbery in which he was the person they targeted.  It's a long story but when the perps were arrested they told the detective that the intended target was him. So at this point my main concern is that he doesn't give keys out to anyone.  Can I deny him the right to give keys to caregivers? 

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  • Shane H.
    Investor · Wichita, KS · Member since 2015 · 769 posts · 279 votes
    7y
    Originally posted by @Barbara S.:

    Nathan, I have had this conversation with him many times over the last 5 years. He agrees to XXXX (fill in the blank, go see lawyer, get home health aid, get cleaning person etc) and never follows through with anything.  He will yes me to death just to get off his back and nothing comes through.  His previous "caregiver" gave up on him because of his lies and no longer is in the picture.  

    I do not trust this new "friend" that is helping him, I believe this couple is stealing money from him and that is why they want to keep him in the apartment instead of convincing him it is time to go into assisted living.  The social worker from APS agrees there is something fishy with this couple but he hasn't been able to figure it out.  So, with that being said, can I tell this woman and her husband they cannot have keys to the house? 

    If you know where he banks at you could perhaps call the bank and report your concerns.  In KS anyways the banks have a law/regulation in place that it is their "DUTY" to report suspected elder abuse/Financial abuse to the appropriate authorities.

    I'd really think though that the way to help him would be through APS - at least in KS they have the ability to help someone the most in a situation like this -- but I'm thinking it can take  a while as it's jut not easy to deem someone incompetent to handle their own affairs etc.  Too bad he doesnt have any family that could help him.

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  • Brian Ploszay
    Investor · Chicago, IL · Member since 2009 · 1k+ posts · 1k+ votes
    7y

    This is a tough situation because eviction in NYC is not going to be an easy task.  If no payment, then start the eviction process.  I would expect that the requirement is that you hand out a demand letter for payment in person (we call it a 5 day notice in my market).

    The first thing I would do is consult an eviction attorney.  They will guide you on some alternatives, combining it with some legal remedies.

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  • Barbara S.
    OP
    Rental Property Investor · NYC, NY · Member since 2010 · 21 posts · 9 votes
    7y

    In NYC APS does nothing if the patient wants to return home. They would prefer him to go home and obtain services but they cannot force it upon him. From what I understand the social worker was going to submit paperwork to petition the courts to provide a legal guardian for him, but that takes time. I feel this friend of his helps him just enough so that he appears competent, so that she can continue to manipulate him.  

    I have spoken to an attorney friend, he told me regardless of his payment situation no judge wants to go on record for evicting a 90 year old. His advice to me was to make him want to leave on his own, which isn’t working. 

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  • Marci Stein
    Rental Property Investor · New York, NY · Member since 2011 · 956 posts · 510 votes
    7y

    Why is he still living there if the rent isn’t paid ?

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  • Barbara S.
    OP
    Rental Property Investor · NYC, NY · Member since 2010 · 21 posts · 9 votes
    7y

    rent is paid at this time, I am worried about when he goes to a temporary nursing home.

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