Landlord Can't Intervene in Guardianship Case

Rent-stabilized tenant's adult children were appointed tenant's guardians through a special guardianship proceeding. The court appointed the adult children temporary guardians of tenant's property. In 2003, the court further ordered that one of tenant's guardians could pay rent and live in the apartment with members of her family. In 2004, landlord sent tenant a notice to cure an illegal subtenancy because tenant's grandson was seen at the apartment. Landlord then got notice of the guardianship orders and sought to intervene in the guardianship case. Landlord claimed that tenant's children were trying to establish pass-on rights to the apartment, and landlord objected. The court ruled for landlord and ordered that guardian's occupancy wouldn't be construed as conferring any pass-on rights. The guardians appealed and won. Landlord had no basis to intervene in the guardianship case. There was no claim or injury to landlord's property. And it was undisputed that tenant had moved into a nursing home before her daughter-guardian moved into the apartment. So there were no apparent grounds for a pass-on claim.

Glass v. Chess: NYLJ, 5/11/06, p. 31, col. 1 (App. Div. 1 Dept.; Tom, JP, Nardelli, Williams, Gonzalez, JJ)