David L. Moss and Associates Extends No-Cost Case Valuation to Article 81 Guardianship Proceedings
I was shocked when I read that a law firm in NY, David L. Moss and Associates, is actually promoting guardianship to landlords to help them evict elderly tenants. Many of these apartments are rent controlled, so by evicting them the landlord can raise the rent. To do it by giving landlords “free case valuation” because of issues with tenants, is, in my opinion, a very sick and frightening way of doing business.
Reposted from NASGA’s blog
David L. Moss and Associates has now extended free case valuation to Article 81 Guardianship Proceedings for landlords. Drawing on their vast experience, they can work to safeguard their interests.
David L. Moss and Associates will now provide no-charge case evaluation to landlords in NYC for Article 81 Guardianship Proceedings. Landlords require strong representation in Article 81 proceedings to safeguard their interests and this law firm, leveraging its extensive experience in housing court matters.
“Article 81 of Mental Hygiene Law allows the New York City Department of Social Services or the tenant’s representative to commence proceedings in the Supreme Court requesting appointment of a guardian of the tenant and their property. The proceedings can be filed when the tenant is said to be incapable of representing their own interests,” said a senior lawyer with the firm.
The court order appointing a guardian for the tenant will stay any pending litigation the landlord is fighting with the tenant. Moreover, the landlord would require the court approval for any further actions. A seasoned attorney would represent the landlord to get for them the benefits they are entitled to as result of the landlord-tenant relationship including the payment of rent and ultimately repossession of the property if the tenant lacks the ability to continue to reside there.
Article 81 Guardianship Proceedings are complex civil litigation requiring clinical efficiency on the part of the law firm. As the senior lawyer commented, “Guardianship matters can be highly litigious. When the court is likely to grant the guardian to the tenant, the issue can be powers granted by the court to the guardian. Our lawyers work to bring the other perspective on the matter to the court.”