Miranda v. York Hill Housing, Inc.
- Vargas
- 1:24-cv-09792
- U.S. District Court · Southern District of New York
- 3
In Miranda v. Yorkhill Housing, Judge Vargas gave Evelyn Perez one more chance to submit medical evidence about her capacity before deciding representation issues.
Evelyn Perez and Evan Miranda, because the order requires additional evidence about Perez’s capacity and imposes service and filing obligations on Miranda; Yorkhill Housing Inc. is also a named defendant but the order does not resolve the claims against it.
What happened
In Miranda v. Yorkhill Housing, the court sought information about Evelyn Perez’s ability to understand and handle the case, including whether appointing a guardian to protect her interests might be necessary. Perez submitted a power of attorney and a brief medical letter, but the court found that these materials did not establish that she lacked the capacity to represent herself.
The court gave the plaintiffs one more opportunity to submit medical records or a sworn statement from Perez’s treating physician. The evidence must explain her condition and how it affects her ability to understand proceedings and make decisions. The materials must be filed under seal by June 12, 2025. Evan Miranda must serve Perez with the order and file proof of service.
Judge Jeannette A. Vargas ordered this additional submission but did not decide whether Perez is legally incompetent or whether a guardian should be appointed. If the new submission does not establish that Perez is not competent, the court said she must represent herself or have a lawyer appear for her.
The detailed version
- Miranda v. York Hill Housing, Inc. · No. 1:24-cv-09792
- Vargas
- May 13, 2025
Background
The court previously ordered the plaintiffs to provide information about Evelyn Perez’s capacity so it could determine whether appointing a guardian ad litem might be appropriate under Rule 17(c) of the Federal Rules of Civil Procedure. A guardian ad litem is a person appointed to protect the interests of someone who cannot adequately protect those interests in a lawsuit.
Perez responded with a power of attorney and a two-sentence letter from a medical provider. The court held that the power of attorney did not address Perez’s mental capacity and did not authorize Evan Miranda, who did not claim to be a lawyer, to represent Perez in the case. The medical letter did not identify Perez’s diagnosis, prognosis, treatment, testing, or the author’s relationship with her. It also did not explain her ability to understand legal proceedings and offered only a conclusory statement that she could not make business decisions.
Court’s Action
The court found that the submission was insufficient to establish that Perez lacked the capacity to represent herself. It gave the plaintiffs one more opportunity to submit verifiable evidence from a medical or mental-health professional, either through a sworn declaration made under penalty of perjury by Perez’s treating physician or through the underlying medical records. The evidence must explain Perez’s condition and why it makes her legally incompetent, including its effect on her ability to understand proceedings and make decisions.
The court ordered that the records and declarations be filed under seal through the Pro Se Intake Unit by June 12, 2025. If the court cannot determine from that submission that Perez is not competent, it said Perez must either represent herself or have a lawyer appear for her. The court also ordered Evan Miranda to serve Perez with the order within one day after receiving it and to file proof of service within two days after service.
Result and Significance
This was an interim procedural order concerning Perez’s capacity and representation. The court did not decide whether she is legally incompetent, did not appoint a guardian ad litem, and did not resolve the underlying claims against Yorkhill Housing Inc. Judge Jeannette A. Vargas required additional evidence before making a determination about how Perez may proceed.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.