Depressed Tenant Restored to Possession
LVT Number: 18046
Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's failure to appear. Tenant was evicted. Tenant then asked the court to vacate her default and restore her to possession. The court ruled for tenant. Tenant showed that she wasn't able to adequately represent herself. In 2000, her husband left her, and her daughter was raped. Tenant became depressed and started abusing alcohol. Landlord was on notice of her condition, as a result of a psychiatrist report. A guardian ad litem should have been appointed for tenant before any default judgment was entered against her. Tenant was restored to possession on condition that she pay landlord the back rent owed and eviction costs.
NYCHA v. Beverly B.: NYLJ, 4/13/05, p. 20, col. 1 (Civ. Ct. Kings; Finkelstein, J)