Court Reinstates Disabled Tenant After Eviction

February 18, 2016

LVT Number: #26803

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and issued an eviction warrant. Tenant obtained seven delays of the eviction over a two-year period, claiming that he would pay the back rent owed. But the court refused to grant another stay, and tenant was evicted in September 2013. A month later, tenant sought reinstatement to the apartment. The court ruled for tenant, who was disabled, had lived in the apartment for 30 years, and paid back rent and attorney’s fees totaling $14,000. Landlord appealed and lost.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and issued an eviction warrant. Tenant obtained seven delays of the eviction over a two-year period, claiming that he would pay the back rent owed. But the court refused to grant another stay, and tenant was evicted in September 2013. A month later, tenant sought reinstatement to the apartment. The court ruled for tenant, who was disabled, had lived in the apartment for 30 years, and paid back rent and attorney’s fees totaling $14,000. Landlord appealed and lost. The appeals court found that the lower court had the authority to reinstate tenant even after the warrant had been executed. Tenant showed that he made payments toward his rent arrears and made good faith efforts to secure emergency assistance. 

 

 

Lafayette Boynton Housing Corp. v. Pickett: Index No. 56887/11, NYLJ No. 1202747340309 (App. Div. 1 Dept.; 1/14/16; Mazzarelli, JP, Acosta, Saxe, Richter, JJ)

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