Court Appoints Guardian for Tenant After Trial

LVT Number: 8050

Landlord sued to evict tenant for chronic nonpayment of rent and nuisance. Tenant's apartment was cluttered and dirty and created a health hazard. The court ruled for landlord, but delayed eviction through April 1993 on the condition that tenant pay rent arrears. The rent was paid and before the eviction date, the city asked the court to vacate the judgment and appoint a guardian for tenant. The city's psychiatrist found tenant to be schizophrenic but able to care for himself in his apartment, with assistance.

Landlord sued to evict tenant for chronic nonpayment of rent and nuisance. Tenant's apartment was cluttered and dirty and created a health hazard. The court ruled for landlord, but delayed eviction through April 1993 on the condition that tenant pay rent arrears. The rent was paid and before the eviction date, the city asked the court to vacate the judgment and appoint a guardian for tenant. The city's psychiatrist found tenant to be schizophrenic but able to care for himself in his apartment, with assistance. Tenant himself, though paranoid and somewhat delusional, was able to appear at trial and didn't necessarily want a guardian. The court was reluctant to appoint a guardian at this stage of the proceedings, but did so based on the psychiatrist's recommendation.

Jennie Realty Corp. v. Sandberg: NYLJ, p. 23, col. 5 (7/21/93) (Civ. Ct. Bronx; Heymann, J)