Court Settlement Vacated for Tenant Who Needed Guardian

Landlord sued to evict Section 8 tenant based on a substantial violation of tenant's lease obligations. Landlord claimed that tenant created a nuisance by maintaining "Collyer" conditions at the apartment. Landlord and tenant signed a settlement agreement on the first court date by which tenant agreed to a final judgment of possession for landlord, and to move out by Dec. 31, 2019. Landlord, in turn, agreed to pay tenant's moving expenses and to waive tenant's share of rent arrears. Tenant later asked the court to vacate the agreement, judgment and warrant. The court ruled for tenant, finding that she showed sufficient good cause to vacate the agreement she signed without an opportunity to seek an attorney's advice. The court also was concerned that the serious nature of the apartment conditions should have red-flagged the case for potential intervention by Adult Protective Services (APS). The court appointed a guardian ad litem (GAL) for tenant, and the case was restored to the court calendar.

120-128 Sherman LLC v. Collins: Index No. 65594/19, NYLJ No. 1600793594 (Civ. Ct. NY; 9/2/20; Tao, J)