Elderly Tenant Needed Guardian

February 1, 2003

LVT Number: 16428

Landlord sued to evict 79-year-old tenant who had lived in her apartment for 25 years. Landlord claimed that tenant couldn't maintain the apartment and that its condition was a danger and health risk to tenant and others. The court ruled for landlord based on tenant's default, and tenant was evicted. Tenant then asked the court to be restored to possession. The court ruled for tenant. It was obvious from landlord's claims that tenant probably needed a guardian to represent her in the eviction case. Landlord was obligated to bring this to the court's attention.

Landlord sued to evict 79-year-old tenant who had lived in her apartment for 25 years. Landlord claimed that tenant couldn't maintain the apartment and that its condition was a danger and health risk to tenant and others. The court ruled for landlord based on tenant's default, and tenant was evicted. Tenant then asked the court to be restored to possession. The court ruled for tenant. It was obvious from landlord's claims that tenant probably needed a guardian to represent her in the eviction case. Landlord was obligated to bring this to the court's attention. The court ruled that a hearing should be held concerning the appointment of a guardian and then the merits of the case should be heard. The court denied landlord's request for reargument.

Roe Corp. v. Doe: NYLJ, 1/15/03, p. 21, col. 5 (Dist. Ct. Nassau)

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