Court Appoints Guardian for Tenant

March 1, 1996

LVT Number: 10390

Landlord sued to evict tenant for nonpayment of rent. Tenant asked for more time to pay the back rent owed. Technically, tenant wasn't mentally ill, but she was functionally disabled since the death of her husband. On behalf of landlord the city asked the court to appoint a guardian for tenant, since tenant didn't appear able to adequately defend herself. The court appointed a guardian, finding that it had the authority to do so, even though tenant's competence and capacity had not been determined. This decision was based on the judge's and attorneys' observations of tenant in court.

Landlord sued to evict tenant for nonpayment of rent. Tenant asked for more time to pay the back rent owed. Technically, tenant wasn't mentally ill, but she was functionally disabled since the death of her husband. On behalf of landlord the city asked the court to appoint a guardian for tenant, since tenant didn't appear able to adequately defend herself. The court appointed a guardian, finding that it had the authority to do so, even though tenant's competence and capacity had not been determined. This decision was based on the judge's and attorneys' observations of tenant in court. However, the court didn't set aside the prior stipulation of settlement, since tenant wasn't incompetent or incapable of understanding what she was signing.

Kings 28 Associates v. Raff: 636 NYS2d 257 (1995) (Civ. Ct. NY; Finkelstein, J)

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