Assisted Living Facility Seeking Resident's Eviction Can't Join Guarantor to Proceeding

Nassau County facility operator sued to terminate residency and evict assisted living facility resident under Social Services Law (SSL) Section 461-h. The operator also sought $22,000 in overdue charges from resident and resident's guarantor. The guarantor asked the court to dismiss the claim against him. In a case of first impression, the court considered whether landlord could commence a landlord-tenant proceeding against the guarantor under SSL Section 461-h. The court dismissed the claim against the guarantor, finding that neither Real Property Actions and Proceedings Law Section 713-a nor SSL Section 461-h indicated an intent to allow summary proceedings against guarantors. Landlord could start a separate plenary proceeding against the guarantor.

Westbury Senior Living, Inc. v. Clements: Index No. LT-001505-17, NYLJ No. 1202793242001 (Dist. Ct. Nassau; 7/11/17; Fairgrieve, J)