Guardian Appointed for Evicted Tenant Seeking Reinstatement

Landlord sued to evict tenant because tenant failed to provide access to landlord to make necessary repairs and correct two outstanding HPD violations. There was a Class “B” violation for excessive storage of material in the apartment, and a Class “C” violation for an illegal lock at the door to the fire escape. The court ruled for landlord based on tenant’s failure to appear in court and stayed issuance of an eviction warrant for 10 days to permit tenant to cure by providing access. Tenant didn’t provide access, and was evicted.

Tenant, by attorneys, then sought to vacate the eviction warrant and be restored to the apartment. Landlord claimed that tenant had no excusable default or meritorious defense, that tenant had maintained the apartment in a Collyers-like condition, and that tenant now owed $5,500 in back rent plus attorney’s fees. Tenant’s attorneys claimed that tenant was mentally ill and needed a guardian ad litem (GAL). There was no proof that landlord knew of tenant’s condition before the eviction.

The court found that tenant was ill and unable to adequately defend her rights in this case. The court agreed to appoint a GAL. But this didn’t mean that the default judgment was void. And, so far, there was no proof that tenant had a meritorious defense. Tenant created the hoarding and illegal fire escape door lock conditions, contacted HPD to have additional violations placed at the apartment, and refused landlord access to correct the conditions. The court denied tenant’s request to vacate the default judgment although granted her the right to renew this request after her GAL appeared in the case.

Inwood Ventura Associates, LLC v. Bonomme: 2016 NY Slip Op 50654(U), 2016 WL 1688572 (Civ. Ct. NY; 4/26/16; Kraus, J)