DSS Must Pay Back Rent Due

April 1, 1995

LVT Number: 9593

Landlord sued to evict tenant for nonpayment of rent. DSS asked to be allowed to intervene in the case. The court agreed and granted DSS's request to vacate the consent judgment against tenant. It also ordered DSS to pay the back rent owed by tenant. DSS appealed, arguing that the court wasn't authorized to order it to pay back rent. The appeals court noted that the trial court had no authority to order DSS to pay the back rent owed. But under the facts in this case, the court should have required payment of the back rent as a condition for allowing the DSS to intervene.

Landlord sued to evict tenant for nonpayment of rent. DSS asked to be allowed to intervene in the case. The court agreed and granted DSS's request to vacate the consent judgment against tenant. It also ordered DSS to pay the back rent owed by tenant. DSS appealed, arguing that the court wasn't authorized to order it to pay back rent. The appeals court noted that the trial court had no authority to order DSS to pay the back rent owed. But under the facts in this case, the court should have required payment of the back rent as a condition for allowing the DSS to intervene. So, DSS must still pay the back rent owed in order to vacate the judgment against tenant and intervene in the case.

The Gentry Apartments v. Henry: NYLJ, p. 35, col. 1 (3/3/95) (App. T. 2 Dept.; Aronin, JP, Scholnick, Patterson, JJ)

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