Eviction Warrant Issued Against Complaining Tenant

Facts: Landlord sued to evict rent-stabilized tenant for nonpayment of rent, and the court issued an eviction warrant. Tenant asked the court to delay the warrant, and the court agreed. Then tenant sued landlord to correct building violations. Landlord argued that tenant couldn't sue landlord because the eviction warrant had ended their landlord-tenant relationship. Tenant claimed that he could sue landlord because he still lived in the apartment, and the eviction warrant had been delayed by the court. Court: Tenant wins. He is currently lawfully living in the apartment, and has the right to insist that landlord maintain the building in a safe and habitable condition. Tenant retains this right until the eviction warrant is executed and he's actually removed from the apartment. Also, tenant wasn't seeking reinstatement in the apartment---his lawsuit was designed only to force landlord to correct housing violations.

Shapiro v. Townan Realty Co.: NYLJ, p. 22, col. 4 (9/28/94) (Civil Ct. NY; Wendt, J)