DSS Can Ask for a Guardian for Tenant

April 1, 1999

LVT Number: 13123

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's failure to appear in court. The DSS then asked the court for permission to intervene, to vacate the default judgment, and to appoint a guardian for tenant. The court ruled for the DSS. As a ''friend'' of tenant, the DSS could seek appointment of the guardian. The DSS showed that tenant was mentally incapable of adequately defending herself. And since landlord was aware that tenant may need a guardian, it should have notified the court.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's failure to appear in court. The DSS then asked the court for permission to intervene, to vacate the default judgment, and to appoint a guardian for tenant. The court ruled for the DSS. As a ''friend'' of tenant, the DSS could seek appointment of the guardian. The DSS showed that tenant was mentally incapable of adequately defending herself. And since landlord was aware that tenant may need a guardian, it should have notified the court.

New York Life Ins. Co. v. V.K.: NYLJ, p. 27, col. 5 (3/3/99) (Civ. Ct. NY; Billings, J)

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