Matter of C.F.
N/AOUTCOME: Petition of Mental Hygiene Legal Services DENIED
Mental Hygiene Legal Services (MHLS), a division of the New York City Human Resources Administration (HRA), brings an Order to Show Cause and Petition to Appoint a Guardian for C.F., an 18 year old wom ... an with spina bifida. C.F. occupied an apartment along with D.F., tenant of record and mother of C.F. D.F. was unemployed and had not paid rent for more than one year. Landlord began eviction proceedings of D.F as tenant of record, and obtained an Order of Eviction. MHLS, attempting to prevent eviction, proceeds under New York Article 81 claiming C.F. to be an "Alleged Incapacitated Person" in need of a Guardian. In fact, C.F. was not an "incapacitated person" under the meaning of the statute. MHLS brought the proceeding for the sole purpose of staying the order of eviction. In this regard, MHLS was successful for more than one year. I was appointed as Court Evaluator under Article 81, with the responsibility of investigating the facts and circumstances of the matter and reporting to the Court. My Report viewed the history and legislative intent of the the New York State legislature in enacting Article 81 of the Mental Hygiene Law, and concluded that while the ultimate eviction of C.F. from her mother's apartment was an unhappy result, the fact is the C.F. was fully of sound mind and under no incapacity whatsoever within the meaning of the statute. C.F. was simply poor, she was not incapacitated in any way. MHLS was attempting to use the provisions of Article 81 to prevent this 18 year old woman from becoming homeless. While this may have been an honorable goal, the truth of the matter was that C.F. was in no way an "incapacitated person." After a hearing on the case, and along with the recommendations contained in my Court Evaluator's Report, the Supreme Court of the State of New York, New York County, (Hon. Milton A. Tingling), denied the Petition of Mental Hygiene Legal Services.
