Interesting news article -- eviction delayed - Posted by B.L.Renfrow

Posted by B.L.Renfrow on November 12, 2000 at 12:04:23:

Thought this story in this morning’s paper was interesting. From what I gather, this tenant was notified in APRIL – seven months ago – that her tenancy was being terminated due to nonpayment of rent. And she is STILL living in the apartment now! While I realize there may be unusual circumstances because of the tenant’s dementia, it looks like she has TWO of her adult children living with her. Sounds as if the landlord has been more than generous, giving her since July to find another place to live. Talk about moving at a snail’s pace…

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Court delays eviction of woman with Alzheimer’s

Warrant delivered improperly
BY TERESA KILLIAN
Staff Writer

A 70-year-old woman who has Alzheimer’s disease has been granted temporary relief from a 72-hour eviction notice pending a hearing set this week.

Supreme Court Justice Phillip R. Rumsey ordered a stay on the eviction warrant last Wednesday until the case could be heard Friday.

The woman, Claire Durdon, and two of her children, who provided for her care, could have been removed from their Endicott apartment early Thursday if not for the court order that temporarily halted the eviction. The eviction notice was left in her storm door Monday, according to court documents.

Eviction notices were served incorrectly, according to claims made in an affidavit filed by attorney Angelos Peter Romas. Because Durdon is incompetent, she should be assigned a court-appointed guardian, court documents stated.

A home was found and purchased that enabled the Durdons to move this month but not in the time frame allowed in the 72-hour eviction warrant, Romas said.

Romas said that he felt that waiting until the family could move into the home was the “right and decent and Christian thing” to do.

Durdon began renting an apartment owned by Riverhurst Memorial Association Inc. 10 years ago. Two years ago, her sons began caring for her, an affidavit states.

On April 29, one of Durdon’s children was served with a notice that the month-to-month tenancy was being terminated for nonpayment of rent.

Although rent was up to date as of a hearing in July, a judge ruled that Riverhurst was entitled to a 72-hour eviction notice. However, the judge suggested a delay to give them time to find a new place to live, court papers said.

Attorney Daniel L. Seiden, who works with the law firm representing Riverhurst, did not return telephone calls for comment last week.

© 2000 by Binghamton Press & Sun-Bulletin