Landlord Can't Intervene in Article 81 Guardianship Proceeding for Tenant

Landlord sued to evict tenant for nonpayment of rent in 2018. When the parties first appeared, it was shown that tenant was diagnosed as bipolar. Adult Protective Services then intervened, and the court appointed a guardian ad litem (GAL) for tenant. A trial was held in 2019. The court ruled for landlord based on rent arrears and issued a judgment and eviction warrant.

Tenant later obtained a stay of the eviction while DSS sought appointment of an Article 81 guardian to handle tenant's affairs and prevent eviction. After appointment by the Supreme Court, the guardian was unable to pay tenant's back rent or relocate him. Landlord then asked the Supreme Court for permission to intervene in the Article 81 proceeding. Landlord argued that its interests had been inadequately represented and were adversely affected in the Article 81 proceeding.

The court ruled against landlord, which had no right to intervene in an Article 81 proceeding. There was also a potential conflict of interest since the guardian was considering whether to relocate tenant. Landlord also could not proceed with an eviction at this time since the guardian had applied for alternative housing for tenant, and had filed a COVID Hardship Declaration, which delayed any eviction.

Matter of Bank: Index No. 500233/19, 2021 NY Slip Op 21144 (Sup. Ct. NY; 5/25/21; James, J)