Evicted Tenant with Minor Rent Arrears Must Be Restored to Possession

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The court ruled for landlord, and tenant was evicted. Tenant later asked to be restored to possession. The court ruled for tenant on condition that he pay all rent arrears, current rent, landlord's attorney fees, and marshal fees. Landlord appealed and lost. Tenant had lived in the apartment for 15 years, and his rent default was de minimis and inadvertent. It was primarily caused by HRA delay in paying the rent for tenant. Landlord also claimed that the court should have directed tenant to pay landlord costs expended for apartment renovation shortly after tenant was evicted, or allow landlord to increase tenant's rent based on the cost of individual apartment improvements (IAIs). But the costs were unspecified, it wasn't inequitable to leave these costs out of the equation, and, to the extent some costs were prospective, the court didn't have the authority to order a future rent increase. 

555 & 561 Gates, LLC v. Hamadov: Index No. 2018-1328KC, 2020 NY Slip Op 50934(U)(App. T. 2 Dept.; 8/7/20; Weston, JP, Aliotta, Siegal, JJ)