Evicted Tenant Must Be Reinstated Despite Rerental of Apartment

Landlord sued to evict tenant in 2009 based on unauthorized subletting. The court ruled for landlord based on tenant’s default, and tenant was evicted in April 2010. It turned out tenant failed to appear in court because he had been in prison since 2008 for attempted burglary. Landlord rerented the apartment to new tenant in 2012. In 2013, tenant was released from prison and sought to be restored to the apartment. The court joined new tenant to the proceeding as a necessary party and permitted tenant to reopen the eviction case. The court then held a hearing to balance the interest of tenant and new tenant in the apartment. The court ruled that tenant could be reinstated and that new tenant would have to move out. Tenant was 59 years old, and had lived in the apartment with his mother since he was 7 years old. Tenant received $800 per month from Social Security for a disability and his apartment rent had been $450 per month. He had been staying with friends since his release from jail and was on the verge of becoming homeless. New tenant, a bank analyst, earned over $70,000 per year. The court found that new tenant had the funds to move and needed only one bedroom. 

46 Downing Street, LLC v. Thompson: Index No. 81450/09, NYLJ No. 1202732411218 (Civ. Ct. NY; 7/25/15; Saxe, J)