Landlord Accepted Check Before Entering of Final Judgment

November 1, 2001

LVT Number: 15415

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord. Tenant later asked the court to vacate the judgment. The court ruled against tenant. Tenant appealed and lost. Landlord received a Housing Authority check for tenant's apartment before final judgment was entered. But landlord was required to apply this Section 8 subsidy payment toward the August 2000 rent and legally couldn't apply it to back rent owed by tenant. So tenant still owed the back rent when judgment was entered.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord. Tenant later asked the court to vacate the judgment. The court ruled against tenant. Tenant appealed and lost. Landlord received a Housing Authority check for tenant's apartment before final judgment was entered. But landlord was required to apply this Section 8 subsidy payment toward the August 2000 rent and legally couldn't apply it to back rent owed by tenant. So tenant still owed the back rent when judgment was entered.

Ioppolo v. Haerle: NYLJ, 10/30/01, p. 20, col. 6 (App. T.2 Dept.; Floyd, PJ, Doyle, Winick, JJ)

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