DSS Didn't 'Take' Landlord's Property by Seeking Stay of Eviction

Landlord sued to evict tenant for nonpayment of rent. Tenant owed $2,600. Tenant failed to answer landlord's petition, and the court ruled for landlord. Before the marshal could execute the eviction warrant, DSS asked the court to delay the eviction. DSS argued that tenant had a roommate who needed a guardian to appear on his behalf. The court ruled for DSS and delayed the eviction while a guardian was appointed and for some time after that. Tenant's roommate eventually was evicted about three years later. Landlord then sued the City of New York. Landlord pointed out that tenant continued to pile up unpaid rent while the eviction was delayed. By the time of the eviction, tenant owed $52,000. Landlord claimed that DSS misled him to believe that DSS would pay tenant's rent. Landlord said that DSS's action was an unconstitutional taking of property without due process of law. The city asked the court to dismiss the case without a trial. The court ruled for the city. Landlord received proper notice of the city's actions in bringing the guardianship proceeding. And there was no direct physical invasion of landlord's property by the government for its own use.

Mekler v. City of New York: NYLJ, 8/20/08, p. 27, col. 3 (Sup. Ct. Kings; Miller, J)