Court Excuses Tenant’s Minor Delay in Paying Back Rent

Landlord sued to evict elderly rent-stabilized tenant for chronic nonpayment of rent. The court appointed a guardian ad litem (GAL) for tenant. Landlord and tenant signed a settlement agreement in court. Under the agreement, the case was converted from a holdover to a nonpayment, and tenant agreed to pay rent arrears of $19,000 by March 6, 2015. Tenant also agreed to enroll in a financial management program that would ensure that her future rent payments would be routed directly to landlord from tenant’s Social Security payments. Landlord later asked the court for permission to proceed with eviction because tenant hadn’t complied with the settlement stipulation. The court ruled against landlord. Tenant paid $16,000 of the rent arrears by March 11, and all rent due through April 30 was paid by April 8. This ended the nonpayment case. By paying all rent due within one month of March 6, tenant substantially complied with the settlement agreement. Any breach was promptly cured.

1745 Caton Avenue Associates v. Phillipes: 48 Misc.3d 1230(A), 2015 NY Slip Op 51323(U) (Civ. Ct. Kings; 9/4/15; Marton, J)