GAL Needed for Disabled Tenant in Nonpayment Proceeding

Landlord sued to evict tenant for nonpayment of rent. Landlord sought $1,090, covering seven months at $165 per month. The building was formerly a Mitchell-Lama rental but was currently a fair market rental. Tenant received a Section 8 subsidy through HPD. Tenant claimed that repairs were needed and disputed the claimed arrears. Court inspection showed there were five Class B violations.  Tenant never appeared in court because he was wheelchair bound and mentally ill. His mother appeared for him on some court dates, he defaulted on others, he wouldn't sign an application for "one shot" relief prepared for him by Adult Protective Services, and eventually the court ruled for landlord based on tenant's default. DSS then asked the court to vacate the judgment and warrant. The court ruled for DSS and vacated the judgment and warrant. Tenant clearly needed a guardian ad litem (GAL), yet none was ever appointed by the court. The case was adjourned for the GAL to appear in court for tenant.

Riverside Park Community, LLC v. Stubbs: 2013 NY Slip Op 50661(U), 2013 WL 1798909 (Civ. Ct. NY; 4/26/13; Kraus, J)