A man who lost his Manhattan rent-controlled apartment after failing repeatedly to respond to an eviction proceeding because he was incarcerated was deprived of his due process rights, a Housing Court judge has ruled.

Judge Sabrina Kraus (See Profile) ruled in 46 Downing Street v. Thompson, 81450/09, that the judge previously assigned to the case, Brenda Spears (See Profile), should have appointed a guardian ad litem to represent the interests of the tenant, Otto Thompson. Thompson, 57, is disabled and has lived in the apartment since 1963, when he moved in as a child with his mother. He was paying $450 a month in rent when he was evicted.