Appeals Court Reverses Order to Restore Tenant to Possession

November 20, 2017

LVT Number: #28002

Landlord sued to evict unregulated tenant for nonpayment of rent. The parties signed a settlement agreement in court. Tenant agreed to pay the $8,000 rent arrears by a certain date or be evicted. Tenant was later evicted after failing to make payment. Tenant then asked the court to vacate the settlement agreement and restore him to possession. The court ruled for tenant. Landlord appealed and won. This had been a second application by tenant for post-eviction relief. Tenant had been granted several extensions of time to pay, both before and after eviction in September 2016.

Landlord sued to evict unregulated tenant for nonpayment of rent. The parties signed a settlement agreement in court. Tenant agreed to pay the $8,000 rent arrears by a certain date or be evicted. Tenant was later evicted after failing to make payment. Tenant then asked the court to vacate the settlement agreement and restore him to possession. The court ruled for tenant. Landlord appealed and won. This had been a second application by tenant for post-eviction relief. Tenant had been granted several extensions of time to pay, both before and after eviction in September 2016. By November 2016, tenant owed $18,000 and still was unable to pay. The court shouldn't have restored tenant to possession under these circumstances.

DDEH 103 E 102 LLC v. Jasabe: 57 Misc.3d 139(A), 2017 NY Slip Op 51322(U) (App. T. 1 Dept.; 10/5/17; Lowe III, PJ, Shulman, Gonzalez, JJ)

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