Guardian Must Assist Mentally Ill Tenant at NYCHA Hearing

August 9, 2012

LVT Number: #24279

NYCHA terminated tenant's lease after a hearing, finding tenant nondesirable. Tenant, now represented by an attorney, filed an Article 78 appeal, claiming that NYCHA's decision was arbitrary and unreasonable. The court ruled for tenant and ordered NYCHA to hold a new hearing. The court found that NYCHA was aware of tenant's psychiatric history and should have appointed a guardian ad litem (GAL) to assist tenant with her defense since tenant clearly didn't understand the nature of the proceedings and couldn't adequately assert her rights and interests.

NYCHA terminated tenant's lease after a hearing, finding tenant nondesirable. Tenant, now represented by an attorney, filed an Article 78 appeal, claiming that NYCHA's decision was arbitrary and unreasonable. The court ruled for tenant and ordered NYCHA to hold a new hearing. The court found that NYCHA was aware of tenant's psychiatric history and should have appointed a guardian ad litem (GAL) to assist tenant with her defense since tenant clearly didn't understand the nature of the proceedings and couldn't adequately assert her rights and interests.

Merritt v. Rhea: Index No. 400406/12 (Sup. Ct. NY; 6/29/12; Mendez, J)

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