PSA Improperly Joined in Case

January 1, 2003

LVT Number: 16329

Landlord sued to evict tenant for nonpayment of rent. Tenant was represented by an attorney and agreed to pay $3,000 in back rent. Landlord later asked the court for a judgment, since tenant still owed the back rent. Tenant then asked that Protective Services for Adults (PSA) be joined in the case. PSA objected. The court ruled that PSA should be joined in the case. Landlord appealed and won. PSA had investigated whether tenant needed its services and had determined that she wasn't a person in need of assistance.

Landlord sued to evict tenant for nonpayment of rent. Tenant was represented by an attorney and agreed to pay $3,000 in back rent. Landlord later asked the court for a judgment, since tenant still owed the back rent. Tenant then asked that Protective Services for Adults (PSA) be joined in the case. PSA objected. The court ruled that PSA should be joined in the case. Landlord appealed and won. PSA had investigated whether tenant needed its services and had determined that she wasn't a person in need of assistance. The housing court didn't have the authority to order PSA to reinvestigate to determine whether tenant needed protective services.

Marypat Realty Corp. v. Hernandez: NYLJ, 12/31/02, p. 18, col. 1 (App. T.1 Dept.; McCooe, JP, Gangel-Jacob, Schoenfeld, JJ)

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