CLE: ‘Representing Clients with Diminished Capacity: Ethical Rules and Best Practices’ on October 5, 2020
Daniel J. Reiter, Esq. will be co-teaching a Continuing Legal Education course on Representing Clients…
New York State’s ban on evictions is good news for the mentally incapacitated, who often do not understand their obligation to pay rent, or how to pay rent.
The Chief Administrative Judge of New York State issued a memo in mid-March suspending all eviction proceedings and pending eviction orders in New York until further notice .
On March 20, 2020, Gov. Andrew Cuomo followed up with an executive order stating that there shall be no enforcement of any evictions of residential tenants in New York State for 90 days.
Now, the New York City Council is introducing a bill that could effectively halt residential evictions through the summer.
This all bodes well for New Yorkers with functional limitations.
Oftentimes, those with mental disabilities or mental illness, such as dementia or schizophrenia, will stop paying rent, simply because they don’t have the mental capacity. Arrears can accrue over months, or even years. The landlord will bring an eviction proceeding prompting the attention of loved ones or Adult Protective Services.
An eviction proceeding often serves as a wake up call for loved ones, or a final straw for Adult Protective Services, and a guardianship proceeding is commenced.
But now, landlords in NYC are barred from bringing eviction proceedings until at least June, and perhaps September if the City Council’s bill passes. Even though rent is still due, this delay gives families more time to stave off evictions.
Better yet, New York Courts are accepting certain article 81 guardianship proceedings on an emergency basis. Even though New York State Courts are closed in many respects, a guardianship proceeding deemed an “emergency” or “essential” by the court will be entertained.
If you have a loved one who suffers from a mental disability, mental illness, or has functional limitations, we can help provide safety for them. Our firm can be reached at 646-820-4011 and firstname.lastname@example.org.
This article is intended for educational and marketing purposes. It should not be construed as legal advice. Every case presents its own unique facts and circumstances, and every client has their own individual needs.
This article was last updated on Sunday April 29, 2020. Rules, laws, regulations, and court procedures continue to change rapidly.