Guardian Can't Get Court Order to Enter Apartment

Landlord NYCHA sued to evict tenant’s adult son from the apartment after tenant moved out. Although the son may have been entitled to stay as a remaining family member, he had filed no application to do so with NYCHA. Landlord informed the court that tenant’s son might require the assistance of a guardian ad litem (GAL) due to a mental impairment, and the court appointed one. The GAL later asked the court for permission to enter the apartment after making many attempts to locate tenant’s son and discuss the case with him. Landlord pointed out that it had attempted to gain access to the apartment, but that tenant’s son chained the door from the inside. The court ruled against the GAL. While the GAL meant well, Housing Maintenance Code Section 27-2008 permitted entry to a tenant’s apartment only to correct a documented emergency repair condition. There was no proof of any emergency condition or danger to tenant’s son, and the GAL had no legal authority to enter the apartment.

NYCHA Eastchester Houses v. Bennett: NYLJ, 6/9/10, p. 29, col. 1 (Civ. Ct. Bronx; Rodriguez, J)