NYCHA Must Pay for Guardians for Mentally Disabled Tenants

Mentally disabled tenants and occupants of public housing sued NYCHA, claiming that NYCHA violated the Americans with Disabilities Act, the 14th Amendment right to due process, and other federal housing laws. Tenants claimed that NYCHA proceeded against mentally disabled individuals without considering or informing the courts of tenants' disabilities. After more than 10 years of litigation, tenants and NYCHA presented a settlement agreement to the court for approval. The court okayed the agreement, finding it fair, reasonable, and adequate. Under the terms agreed to, NYCHA is barred from going forward with a tenancy termination hearing or remaining family member grievance hearing with a resident who is incompetent unless the resident is represented by a guardian ad litem. NYCHA must pay for the guardian. The agreement also permanently requires NYCHA to inform the housing court of any information it has that tenant may not be capable of defending himself.

Blatch v. Martinez: NYLJ, 10/21/08, p. 33, col. 1 (S.D.N.Y.; Swain, J)