Eviction for Nonpayment Delayed Pending DSS Payment

Landlord sued to evict rent-stabilized tenant for nonpayment of rent from November 2008 through June 2009, totaling $6,100. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay back rent by Sept. 10. Tenant later asked the court to delay eviction several times while she attempted to pay the back rent owed. The court ruled for tenant each time. In February 2010, tenant again sought a stay of the eviction after receiving a marshal’s eviction notice. The court ruled for tenant despite landlord’s objection. Tenant didn’t have a history of prior nonpayment proceedings and had attended all of her court appearances. Tenant had made some payments, and the delay in paying all rent owed was beyond her control. DSS underpaid tenant’s rent for a period of time, and tenant was making current rent payments while attempting to comply with the stipulation.

24-45 Sickles St. Investor LLC v. Cruz: NYLJ, 6/23/10, p. 26, col. 1 (Civ. Ct. NY; Wendt, J)