Tenant Needs Guardian Ad Litem

Landlord sued to evict rent-stabilized tenant for illegal subletting. Landlord and tenant signed a settlement agreement in court. Tenant was represented by an attorney. Tenant agreed to move out. Landlord waived over $13,600 in back rent and agreed to give tenant $5,000 when she moved. Tenant’s attorney asked the court to vacate the agreement and to appoint a guardian ad litem (GAL) for tenant. The court ruled for tenant. Tenant was 64, had lived in the apartment since 1977, and was employed as a school lunch helper. Her attorney said that, at the time of the court settlement, it wasn't apparent to him that tenant had impaired judgment, didn’t understand the seriousness of the matter, and required a GAL. The court held a hearing and health professionals who had met with tenant testified that she was impaired and possibly had Down Syndrome. The court vacated the settlement agreement and appointed a GAL. Tenant also claimed that she hadn't illegally sublet but that a nephew lived with her. In any event, if tenant was illegally subletting, she would have a right to cure.

SG 455 LLC v. Green: Index No. L&T 054084/15, NYLJ 1202740678954 (Civ. Ct. Kings; 10/13/15; Finkelstein, J)