Guardian Appointed for Tenant

December 1, 2002

LVT Number: 16265

Landlord sued to evict tenant. Landlord and tenant signed a settlement agreement in court by which tenant agreed to move out by a certain date. Tenant later asked for more time. The court ruled for tenant and delayed execution of the eviction warrant until Oct. 4. Tenant was still in the apartment on Oct. 22 and the Department of Social Services (DSS) asked the court to appoint a guardian for her. Landlord objected. The court ruled for tenant. DSS showed that tenant wasn't competent to protect her own interests.

Landlord sued to evict tenant. Landlord and tenant signed a settlement agreement in court by which tenant agreed to move out by a certain date. Tenant later asked for more time. The court ruled for tenant and delayed execution of the eviction warrant until Oct. 4. Tenant was still in the apartment on Oct. 22 and the Department of Social Services (DSS) asked the court to appoint a guardian for her. Landlord objected. The court ruled for tenant. DSS showed that tenant wasn't competent to protect her own interests. It wasn't too late to appoint a guardian to protect tenant's rights in the case.

Holding v. Lambert: NYLJ, 11/27/02, p. 20, col. 3 (Civ. Ct. Bronx; Halprin, J)

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