Landlord Must Get Permission to Proceed Against Incapacitated Person

September 30, 2007

LVT Number: #19903

Landlord sued to evict month-to-month tenant after sending a 30-day termination notice. SELFHELP, an organization previously appointed as tenant's guardian, asked the court to dismiss the case because landlord didn't seek permission from the Supreme Court before starting the eviction proceeding in housing court. Generally this permission is required before starting proceedings against persons who were declared by a court to be incapacitated. The court ruled against guardian. Landlord's failure to seek prior permission wasn't a fatal defect.

Landlord sued to evict month-to-month tenant after sending a 30-day termination notice. SELFHELP, an organization previously appointed as tenant's guardian, asked the court to dismiss the case because landlord didn't seek permission from the Supreme Court before starting the eviction proceeding in housing court. Generally this permission is required before starting proceedings against persons who were declared by a court to be incapacitated. The court ruled against guardian. Landlord's failure to seek prior permission wasn't a fatal defect. Landlord could seek permission now and the case would be marked off calendar while it did so.

DePalois v. Pellegrino: NYLJ, 9/19/07, p. 28, col. 3 (Civ. Ct. Kings; Kraus, J)

Topics

More like this