Matter of R.C.
Annotate this CaseDecided on December 11, 2009
Supreme Court, Bronx County
In the Matter of the Application of New York Foundation for Senior Citizens, Guardian Services, Inc. as Guardian for R.C., An Incapacitated Person, Respondent.
2804/08
Attorney for IP's Guardian, New York Foundation for Senior Citizens, Guardian Services, Inc.: Morris Mitrani, Esq.
Attorney for Landlord 2383 Realty Corp.: Eric Wughalter, Esq.
Alexander W. Hunter, J.
The application by order to show cause by New York Foundation for Senior Citizens, Guardian Services, Inc. (hereinafter "New York Foundation") for an order vacating and setting aside the judgment and warrant of eviction entered against R.C. (hereinafter "IP") in the context of a summary holdover eviction proceeding captioned 2383 Realty Corp. v. R.C., Index No.: L & T 12508/2008, and directing the landlord, 2383 Realty Corp. to issue a rent-stabilized lease to the IP, is granted. The further request for attorneys' fees and monetary damages against the landlord, is likewise granted.
New York Foundation was appointed to serve as guardian of the person and property of the IP by order and judgment dated December 17, 2008. Said order and judgment gave New York Foundation the power to defend any civil judicial proceeding including the eviction action pending in Civil Court against the IP. The order and judgment also stayed the landlord, its successors or assigns and any City Marshal from taking any action to evict the IP from his apartment for a period of sixty (60) days after the qualification of the guardian. (Exhibit A). However, in direct contravention of this court's order, the landlord, 2383 Realty Corp. and the City Marshal, proceeded with the eviction of the IP during the time this court's stay was in place.
By order of Bronx Housing Court Judge Kevin McClanahan dated July 17, 2009, Judge McClanahan found that the IP's eviction was "unlawful" and he directed that the IP be restored to possession of the subject premises. (Exhibit B). New York Foundation asserts that in late May of 2009, the IP was called to Puerto Rico because his mother was gravely ill and she subsequently passed away. When the IP returned from Puerto Rico, he found that he had been [*2]evicted from his apartment, his possessions had been removed from the apartment and his apartment was infested with maggots and vermin because the landlord and/or its agents left the refrigerator door open, thereby allowing the vermin infestation to occur.
Counsel for New York Foundation then filed the post-eviction application before Judge McClanahan. New York Foundation qualified as the IP's guardian on April 7, 2009. Therefore, the eviction action was extended through and including June 6, 2009. However, on June 3, 2009, the landlord instructed the City Marshal to serve a six (6) day notice of eviction on the IP and the eviction occurred on June 12, 2009. The IP did not receive notice of the eviction as he was in Puerto Rico at the time and the landlord failed to notify New York Foundation of the eviction, despite the fact that the landlord was aware of the guardianship proceeding and received a copy of this court's order and judgment showing that New York Foundation was the IP's guardian.
New York Foundation asserts that the IP has been in residence at the subject apartment since 2004 and was paying rent in the amount of $300 per month to one of the principals of the apartment and to the building superintendent. However, the landlord brought a petition in Housing Court falsely claiming that they did not know the IP and that he was merely a licensee or squatter. New York Foundation further asserts that the IP was not informed that he is entitled to the protections of the Rent Stabilization Law and Code as a rent-paying tenant. Therefore, he signed a stipulation of settlement providing that he would vacate the apartment. New York Foundation is thus requesting that this court vacate the judgment and warrant of eviction that was entered into against the IP in the context of the summary eviction proceeding and direct the landlord to issue a rent-stabilized lease to the IP. The IP has been forced to stay with friends and sleep on a couch in their apartment.
New York Foundation also requests monetary damages on behalf of the IP, including treble damages and reasonable attorney's fees as a result of the unlawful eviction.
The landlord opposes the motion and asserts that the actual eviction of the IP did not take place until after the sixty (60) days of the guardian's qualification. Moreover, the landlord asserts that the guardian failed to stop the eviction, although duly served. The landlord also claims that at the time of the eviction, a group of various roomers were present at the apartment alleging that they were subletting from the plaintiff. In addition, even when "housing" permitted the IP's re-entry, the IP failed to return to the premises. The landlord argues that there "has been no harm in a true legal sense" and, therefore, no cause of action should lie against the landlord.
In reply, New York Foundation points out that contrary to the landlord's claim that the IP's eviction was legal, Judge McClanahan ruled that the eviction was unlawful and the issue is res judicata. Moreover, New York Foundation did not stop the eviction because it did not receive any notice of the eviction.
The application by New York Foundation is hereby granted. The landlord's claim that the eviction of the IP from his apartment did not take place until after sixty (60) days of the [*3]guardian's qualification is disingenuous. The order and judgement was clear that the landlord, its agents and the City Marshal were restrained from "instituting any action or proceeding...or taking any other action to evict" the IP from his apartment until sixty (60) days after the qualification of the guardian. (Exhibit A). The notice of eviction was alleged to have been served prior to the expiration of the sixty (60) days in direct contravention of this court's order. Therefore, as Judge McClanahan has already ruled, the eviction herein was unlawful.
Since the eviction was unlawful the request by the guardian for any damages incurred by the IP as a result of the eviction is hereby granted. The judgment and warrant of eviction entered against the IP is hereby vacated and set aside and the landlord is directed to issue a rent-stabilized lease to the IP. The award of attorney' fees is hereby granted.
New York Foundation shall submit to this court a detailed estimate of the damages incurred by the IP as a result of the unlawful eviction as well as a detailed affirmation of legal services rendered on its behalf as a result of having to defend the unlawful eviction.
Movant is directed to serve a copy of this order with notice of entry upon all parties served with notice of the order to show cause.
This constitutes the decision and order of this court.
Date:December 11, 2009
J.S.C.
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