Tenant Gets Court-Appointed Attorney

November 1, 1998

LVT Number: 12719

Landlord sued to evict rent-controlled tenant for creating a nuisance and for nonprimary residence. Tenant asked the court to appoint an attorney to represent her since she couldn't afford to hire her own attorney. The court ruled for tenant. Although, unlike in criminal cases, there was no absolute right to court-appointed counsel, the court had the discretion to appoint an attorney for tenant. Since the case involved complicated issues and could result in the eviction of an elderly person, it was appropriate to do so.

Landlord sued to evict rent-controlled tenant for creating a nuisance and for nonprimary residence. Tenant asked the court to appoint an attorney to represent her since she couldn't afford to hire her own attorney. The court ruled for tenant. Although, unlike in criminal cases, there was no absolute right to court-appointed counsel, the court had the discretion to appoint an attorney for tenant. Since the case involved complicated issues and could result in the eviction of an elderly person, it was appropriate to do so.

Slywotsky v. Francko: NYLJ, p. 29, col. 5 (10/28/98) (Civ. Ct. NY; Lau, J)

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