GAL Appointed for Tenant's Son After Tenant Moved to Assisted Living
LVT Number: #25816
Landlord NYCHA sued to evict tenant for nonpayment of rent. The court appointed a guardian ad litem (GAL) for tenant. Landlord and tenant then signed a court-ordered settlement by which landlord obtained a judgment of possession, but eviction was stayed provided tenant paid $5,270 in back rent. Tenant was then relocated to an assisted living facility and didn't pay the back rent. Tenant's adult children also lived in the apartment as authorized occupants, but the GAL was unable to get them to take action to pay the arrears. The Department of Social Services (DSS) then asked the court to appoint a GAL for tenant's son. Landlord objected, pointing out that the son wasn't the tenant and therefore not a proper party to the nonpayment proceeding. The court disagreed, finding that the son may have some rights. A GAL was appointed to assist the son with possibly resolving the case.
NYCHA v. Lopez: Index No. 807844/12, NYLJ No. 1202669507513 (Civ. Ct. Bronx; 9/11/14; Rodriguez, J)