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