Landlord Delayed from Rerenting Evicted Tenant's Apartment

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Judgment was entered for landlord, but the eviction was delayed to give tenant time to pay her back rent. When tenant didn't pay, landlord sought execution of the warrant. Tenant was evicted. Tenant then made three requests to be restored to possession. The court ruled against tenant each time. Tenant made a fourth request, for the first time with assistance of an attorney, claiming rent overcharge and fraud by landlord in its rent registrations. Landlord argued that tenant couldn't raise this issue now and asked the court to dismiss tenant's request. The court ruled against landlord. Tenant may have good cause to vacate the judgment. Tenant presented an affidavit from prior tenant stating the amount of her rent. And other tenants stated that the apartment was vacant for a while before tenant moved in. But landlord had registered the apartment as occupied during the period it may have been vacant. A trial was needed to determine the facts. In the meantime, landlord couldn't rerent the apartment, remove tenant's belongings, or make any renovations.

Sage Franklin LLC v. Cameron: NYLJ, 12/21/05, p. 22, col. 1 (Civ. Ct. Kings; Fiorella, J)