Court Restores Evicted Tenant to Possession

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to make installment payments to pay back rent owed totaling $2,680. Later, tenant was evicted after failing to make the final payment due. Tenant then asked the court to be restored to possession. Landlord claimed that tenant had no excuse for his default and no meritorious defense. Landlord also claimed that an appeals court decision in another case called for strict enforcement of the settlement agreement.

The court ruled for tenant. Landlord admitted that tenant had paid $2,000 in back rent, and still owed only $665. Tenant had now paid that amount, plus $1,245 in marshal and legal fees. Tenant was rent stabilized, 62 years old, and had lived in the apartment for 38 years. After tenant had paid most of the back rent, he was hospitalized for two weeks with a heart condition and was forced to take unpaid medical leave from his job. Tenant showed a reasonable excuse for his default and had substantially complied with the agreement before defaulting. The court found it had the authority to restore tenant to possession.

443 East 78 Realty LLC v. Tupas: NYLJ, 4/7/10, p. 27, col. 1 (Civ. Ct. NY; Schreiber, J)