Tenant's Son Claims Succession Rights

Landlord NYCHA sued to evict tenant's son after tenant died. NYCHA claimed tenant's son was merely tenant's licensee and had no pass-on rights to the apartment. Landlord and tenant's son signed a settlement agreement in court, and the son agreed to move out. Judgment was entered for landlord and an eviction warrant was issued. Tenant's son was represented by a guardian ad litem. In the meantime, Protective Services for Adults (PSA) got Self Help Community Services, Inc. appointed as the son's permanent guardian. Self Help then asked the court to vacate the settlement agreement. Self Help disagreed with the guardian ad litem's decision to sign the settlement agreement, and claimed that tenant's son may have a legal right to remain in the apartment, since he was disabled, had lived in the apartment with tenant, who was ill, and landlord knew he was there. The court ruled against Self Help. Self Help appealed and won. The appeals court ruled that the son's guardian ad litem had improperly waived the son's possibly meritorious defenses. The case was sent back to the lower court for further proceedings.

NYCHA v. Jackson: NYLJ, 12/14/06, p. 33, col. 2 (App. T. 2 Dept.; Pesce, PJ, Weston Patterson, Belen, JJ)