Court Vacates Eviction Warrant Against Tenant Who Paid Back Rent

April 26, 2016

LVT Number: #26939

Landlord sued to evict 83-year-old tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court, which provided for a final judgment in landlord’s favor and issuance of an eviction warrant. Tenant later asked the court to vacate the warrant, noting that he had paid all rent arrears. The court ruled for tenant, who previously was not represented by an attorney. In balancing the equities, it was more important to preserve the 40-year rent-stabilized tenancy of an elderly, disabled veteran.

Landlord sued to evict 83-year-old tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court, which provided for a final judgment in landlord’s favor and issuance of an eviction warrant. Tenant later asked the court to vacate the warrant, noting that he had paid all rent arrears. The court ruled for tenant, who previously was not represented by an attorney. In balancing the equities, it was more important to preserve the 40-year rent-stabilized tenancy of an elderly, disabled veteran. Tenant’s attorney was holding $35,000 in additional rent owed to landlord and was directed to pay that over.

 

 
Trump Park Avenue LLC v. Summers: Index No. 73185/2015, NYLJ No. 1202752302475 (Civ. Ct. NY; 2/25/16; Stoller, J)

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