Landlord Accepted Rent Checks from DSS

June 30, 2004

LVT Number: 17436

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court on Dec. 12. Landlord promised to give tenant a lease if back rent was paid and Jiggetts relief obtained by Dec. 31. Tenant later defaulted, and landlord sought enforcement of the eviction warrant. Tenant asked the court to vacate the judgment and eviction warrant. The court ruled against tenant. Tenant appealed and won. DSS approved the Jiggetts application in January 2003, and landlord accepted the DSS checks before sending the eviction notice in June 2003.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court on Dec. 12. Landlord promised to give tenant a lease if back rent was paid and Jiggetts relief obtained by Dec. 31. Tenant later defaulted, and landlord sought enforcement of the eviction warrant. Tenant asked the court to vacate the judgment and eviction warrant. The court ruled against tenant. Tenant appealed and won. DSS approved the Jiggetts application in January 2003, and landlord accepted the DSS checks before sending the eviction notice in June 2003. Tenant's default wasn't willful but was due to minor government delays. DSS ultimately paid tenant's back rent.

1466 Gunhill Rd. Corp. v. Andrew: NYLJ, 6/7/04, p. 27, col. 5 (App. T. 1 Dept.; Suarez, PJ, Gangel-Jacob, Schoenfeld, JJ)

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