Court Joins DSS to Eviction Case to Expedite Rent Assistance to Tenant

Landlord sued to evict tenant for nonpayment of rent. The court assigned a guardian ad litem to assist tenant, determined to be a person not able to effectively defend his rights or protect his interests. By then, tenant owed $75,000 in back rent. To settle the case and in order for tenant to obtain benefits under the city Family Homelessness and Eviction Prevention Supplement program ("CityFHEPS"), landlord agreed to waive 50 percent of the back rent owed. Tenant's guardian, attorney, and APS completed a CityFHEPS application for tenant in March 2023. Homebase, a non-profit community organization assisting tenant with his application, faced delays and unavailability by the CityFHEPS program. So, the court, on its own initiative, joined DSS to the pending case pursuant to NYC Civil Court Act Section 110(d). This provision, effective as of October 2019, permitted the court to do so. The court found this necessary to resolve tenant's case and to control the court calendar.

Audubon 27, LLC v. Serrata: Index No. 056366-19, 2023 NY Slip Op 23170 (Civ. Ct. NY; 5/31/23; Bacdayan, J)