Landlord Accepted Rent from DSS After Terminating Tenancy

Landlord sued to evict tenant after sending tenant a termination notice. Tenant claimed waiver because landlord accepted rent that DSS paid on tenant's behalf after the termination date on the notice and before the eviction case was started in court. Landlord claimed that the rent checks issued by DSS were for back rent owed before the termination date. The court ruled for tenant. Acceptance of rent checks after the termination date reinstated the tenancy.

Walker v. Hopkins: NYLJ, 10/23/02, p. 25, col. 1 (Civ. Ct. Kings; Rodriguez, J)