ROBERT A. KATZ

Attorney-at-Law

c/o Collins, Dobkin and Miller, LLP

277 Broadway, Suite 1410

New York, NY  10007

Tel.: 212-587-2400, ext. 13

June 4, 2007

Rex Bossert, Managing Editor

New York Law Journal

345 Park Avenue South

New York, NY  10010

Dear Editor Bossert:

I am an attorney and known tenant advocate.

     Recently, I have had an opportunity to sit in on two hearings dealing with guardianships in Article 81 proceedings. The prime issue of the hearings was the landlord bringing summary proceedings against the tenant who was lodged in a hospital and/or nursing home and this was unknown to the Housing Court.

     The object of both proceedings was to evict so the landlord could recover what the landlord claimed was now a vacant apartment.

     It would appear to me that this could be avoided if there was legislation by the City Council along the following lines:

     1.         Every administrator of any inpatient facility in the City and State of New York should be mandated, upon learning the residential address in New York City to file a statement of the fact of the confinement within 72 hours with a website controlled by HPD. The website should remain under seal.

     2.         Only the judgement clerk of the Housing Court and the judgment clerk in the Office of the County Clerk will have access to the website.

     3.         Before any judgment will be entered, the website will be viewed by the appropriate clerk.

     4.         If the name is found on the list of the clerk, the clerk must stop the processing until a further order of a court.

     If this law is passed, it will alleviate a problem that will only grow as more of the population ages and suffers hospitalization and nursing home confinements.

     Obviously, the most important factor here is to avoid the stress of a tenant unfairly confronting eviction or having been evicted merely because she or he is in a hospital or other institution.

Very truly yours,

Robert A. Katz