HRA Must Assist Tenant to Prevent Eviction

February 8, 2012

LVT Number: #23915

Landlord sued to evict tenant for nonpayment of rent. The court appointed a guardian ad litem (GAL) for tenant, who then sued HRA to obtain services for tenant. HRA previously had sought and obtained an Article 81 guardian for tenant to provide involuntary financial management. But tenant had later left the state for a while, and the guardianship lapsed. The GAL argued that HRA should reinstate services for tenant to prevent her eviction. HRA claimed that the GAL had no standing to seek relief. The court disagreed and ruled for the GAL.

Landlord sued to evict tenant for nonpayment of rent. The court appointed a guardian ad litem (GAL) for tenant, who then sued HRA to obtain services for tenant. HRA previously had sought and obtained an Article 81 guardian for tenant to provide involuntary financial management. But tenant had later left the state for a while, and the guardianship lapsed. The GAL argued that HRA should reinstate services for tenant to prevent her eviction. HRA claimed that the GAL had no standing to seek relief. The court disagreed and ruled for the GAL. HRA had already determined that tenant was a person in need of assistance, and, if it wasn't provided now, the agency would have to provide help later if tenant was evicted.

Torres v. New York City Human Resources Administration: Index No. 403088/2011 (Sup. Ct. NY; 1/10/12; Wright, J)

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