Judge Javier Vargas
Landlord moved for discovery in this holdover summary proceeding which sought possession of the subject premises. Landlord argued tenant Pompey violated substantial obligations of her tenancy by permitting undertenants to reside at the premises without landlord's written consent, and causing a nuisance. Landlord sought leave to conduct discovery and depositions of tenants and undertenants. A prior order granted discovery of certain of tenant's medical records, but denied any deposition stating tenant continuously maintained undertenants were required to be continuously present at the premises as her caretakers. Tenant complied with the discovery requested, and landlord now sought to conduct tenant's deposition to answer questions regarding the nature of her relationship with, and necessity of undertenants as her alleged caretakers. The court found landlord established disclosure was warranted, including tenant's deposition, finding ample need was shown for limited discovery into the occupancy and use made of the premises by the occupants, and their relationship with tenant. Thus, it ruled landlord was entitled to explore the need for tenant's alleged caretakers, granting the motion.
