DSS Didn't Pay Rent

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay a portion of back rent due by a certain date, and DSS agreed that it had approved payment and would pay the balance by Aug. 31, 2003. DSS didn't make a timely payment, and tenant was evicted on Sept. 3. Tenant asked the court to be restored to possession. The court ruled against tenant, and tenant appealed. The appeals court ruled for tenant, at least in part. Since landlord was a city agency and DSS had agreed to pay rent, landlord shouldn't have evicted tenant. But landlord may have rented the apartment to a new tenant. The case was sent back to the lower court for a hearing on whether a new tenant was in the apartment. If so, landlord should rent another apartment to tenant.

NYCHA Kingsborough Houses v. Sullivan: NYLJ, 7/8/04, p. 28, col. 2 (App. T. 2 Dept.; Pesce, PJ, Aronin, Patterson, JJ)