Landlord Can't Get Back Rent Owed by Tenant from DSS

The NYC Department of Social Services (DSS) applied to the court for appointment of an Article 81 guardian for tenant, who was facing eviction proceedings. The court issued a temporary restraining order in December 2015 to prevent landlord from going forward with the eviction proceeding for 60 days following the guardian's appointment. The court later continued the temporary guardianship and again stopped landlord from going forward with the eviction proceeding for 90 days following the guardianship hearing. Landlord then asked the court to direct DSS to pay landlord $38,000 in back rent owed by tenant over a two-year period. The court ruled against landlord, who appealed and lost. There must be a legal obligation on the part of the city before public funds may be paid to individuals. Here, no statutory or contractual provision was identified requiring DSS to pay tenant's back rent. 

Mozelle W. v. 195 St. LLC: Index No. 2016-10300, 2018 NY Slip Op 08316 (App. Div. 2 Dept.; 12/5/18; Dillon, JP, Barros, Iannacci, Christopher, JJ)