Guardian Ad Litem Improperly Waived Tenant's Defenses to Eviction Action

Landlord-sponsor, who owned cooperative apartment, sued to evict long-term 88-year-old Section 8 tenant, claiming financial/economic hardship and indicating the need to sell the apartment. The court referred tenant to Adult Protective Services (APS), which scheduled a psychiatric evaluation. In the meantime, tenant consented to the court's appointment of a guardian ad litem (GAL), who entered into a settlement agreement granting landlord a judgment of possession with a six-month stay for tenant to move out. When the stay ended, APS asked for appointment of a permanent Article 81 guardian. The Supreme Court granted this appointment, and the guardian then sought to vacate the settlement agreement and judgment. The court ruled for the guardian. The GAL had no authority to give up tenant's possessory interests or to waive defenses. Landlord also had failed to issue all proper notices required to terminate the Section 8 tenancy, so the case was dismissed.

Forest and Gardens Apt. Co. v. Goldberg: Index No. 60747/15, NYLJ No. 1202788437964 (Civ. Ct. Queens; 5/4/17; Lansden, J)