Client Success Story: Staying Warm Despite Heating Issues and Eviction Challenges

A tenant in a mobile home park was lacking heating due to a cracked furnace. After notifying the landlord about the issue in early October, she was served with an eviction notice a week later, citing renovations as the reason. Despite the cold, the landlord refused to restore the heat.

With assistance from 603 Legal Aid (603LA), the tenant and her son filed a 540-A action, and the court issued a temporary order requiring the landlord to immediately restore the heat. Within several days of being served with the order, the landlord installed a new furnace before the final hearing in December.

At the hearing, the landlord hired an attorney, and after discussions, a settlement was reached. The landlord agreed to give the tenant a check for $3,500 in return for her withdrawal of the 540-A action. Although the tenant received the check, the landlord threatened eviction shortly after. We followed up and confirmed that no eviction action was filed. 603LA also raised concerns about the potential for such an eviction to seem like retaliation, suggesting that any eviction brought under the guise of renovations could result in legal consequences for the landlord, including the possibility of damages equal to three months' rent.

Rochester Housing Authority gave the client an extension to find new housing, but she hasn’t been able to find a new unit. While we are still exploring options for potential future legal representation, the tenant is hopeful that she will be able to stay in her current home until she’s able to transition out on her own terms.