GAL Overstepped Authority by Agreeing Tenant Would Move Out

Landlord sued to evict a mentally ill rent-stabilized tenant for illegally subletting two adjoining SRO units to her sister and mother. The court appointed a guardian ad litem (GAL) for tenant, who then signed a settlement agreement with landlord. Landlord agreed to pay tenant $5,000, and tenant gave up any rights to the SRO units. Tenant later obtained an attorney and a new GAL, and asked the court to vacate the settlement agreement. Tenant said she didn’t consent to the settlement agreement. The court ruled for tenant. Unlike an Article 81 guardian who is appointed and authorized by the State Supreme Court to handle all matters for a person found to be incapacitated, a GAL’s authority is more limited. Here, the GAL overstepped her authority by signing an agreement to give up the apartment against tenant’s wishes.

1234 Broadway LLC v. Lin: NYLJ, 7/21/09, p. 31, col. 1 (Civ. Ct. NY: Lebovits, J)