Back Rent Paid by DSS

April 1, 1996

LVT Number: 10491

Landlord sued to evict tenant for nonpayment of rent. Tenant agreed by stipulation to pay the back rent owed by a certain date. Tenant had trouble arranging for assistance from DSS. Landlord then asked the court for permission to proceed with the eviction. The court ruled against landlord, and landlord appealed. The appeals court ruled against landlord. Tenant paid the entire amount of the back rent owed and fees within two days of the due date. The trial court acted properly under the circumstances to avoid eviction of rent-stabilized tenant.

Landlord sued to evict tenant for nonpayment of rent. Tenant agreed by stipulation to pay the back rent owed by a certain date. Tenant had trouble arranging for assistance from DSS. Landlord then asked the court for permission to proceed with the eviction. The court ruled against landlord, and landlord appealed. The appeals court ruled against landlord. Tenant paid the entire amount of the back rent owed and fees within two days of the due date. The trial court acted properly under the circumstances to avoid eviction of rent-stabilized tenant.

AF&G Realty Co. v. Martinez: NYLJ, p. 25, col. 2 (3/1/96) (App. T. 1 Dept.; Ostrau, PJ, McCooe, Freedman, JJ)

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