Court Excuses Tenant's Delay in Paying Use and Occupancy

Landlord sued to evict rent-stabilized tenant for permitting drug activity in his apartment. Landlord and tenant signed a settlement agreement in court. Tenant agreed to cure the condition by not permitting any further drug activity by other apartment occupants. Tenant also agreed to pay use and occupancy fees during the period he was allowed to cure the problem. Landlord later sought to execute on the eviction warrant because tenant didn't pay the use and occupancy. Tenant asked the court to delay eviction so that he could pay. The court ruled for tenant. Landlord appealed and lost. Tenant had complied with the other provisions of the settlement agreement by stopping the drug-related activity. He also had by now paid the outstanding use and occupancy. Under the circumstances, the lower court properly stayed the eviction to avoid loss of a long-term tenancy.

610 LLC v. Hernandez: 2011 NY Slip Op, 2011 WL 5964505 (App. T. 1 Dept.; 11/29/11; Shulman, JP, Hunter Jr, Torres, JJ)