New York Law Journal: Guardian Ordered to Assist Tenant in Termination Hearing

The decision annuls a New York City Housing Authority hearing officer’s refusal to set aside a determination terminating the tenancy of a woman with mental problems, and remands the case for a new hearing.

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The tenant was represented by Anna Arkin-Gallagher of the Bronx Defenders.

“We are happy the court agreed that NYCHA has a responsibility to protect the rights of mentally ill tenants that it is trying to evict. This decision makes clear that NYCHA cannot avoid its duties by following empty procedures—when a disabled tenant cannot protect her own interests at a termination of tenancy hearing, she must be given the assistance of a guardian,” Arkin-Gallagher said in a statement.

By Andrew Keshner

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