Mentally Disabled Tenant Restored to Possession

Facts: Landlord and rent-controlled tenant signed an agreement in October 1997 by which tenant agreed to move out. Landlord paid tenant $2,500. Landlord then immediately locked tenant out of the apartment, filed a report of statutory decontrol, made renovations, and rerented the apartment for $900 per month. Tenant then sued landlord, claiming he was illegally evicted. Tenant's lawyer asked the court to appoint a guardian for tenant, claiming that he was mentally disabled. Landlord objected to appointment of a guardian and claimed that tenant had moved out voluntarily. Court: Tenant wins. A guardian was appointed to help tenant with the court case because it was unclear whether tenant was capable of bringing his case without one. The court also found that tenant had been evicted illegally. A tenant can't give up his rights under rent control. Landlord knew tenant for 30 years, and therefore knew or should have known about tenant's disability. The agreement to move out was made outside of court, and landlord's haste in changing the locks was suspicious. Tenant's belongings were still in the apartment when landlord changed the locks. Landlord's claims that tenant was moving out anyway and that landlord gave tenant money out of generosity weren't believable. The court ordered the current tenants to move out immediately, and directed landlord to let tenant move back in within five days.

Grasso v. Matarazzo: NYLJ, p. 32, col. 3 (4/8/98) (Civ. Ct. Kings; Thomas, J)