Landlord Didn't Give Up Right to Seek Tenant's Eviction

April 30, 1997

LVT Number: 11478

Facts: Tenant sued landlord to get repairs after tenant had to move out of fire-damaged apartment. Landlord and tenant signed a court-ordered stipulation permitting tenant to move back into apartment. Landlord then sued to evict tenant for creating a nuisance. Landlord claimed tenant started the fire. The court ruled against landlord because landlord had already agreed to let tenant move back in. Landlord appealed. Court: Landlord wins. Landlord merely complied with the Housing Maintenance Code by restoring the apartment to habitable condition so that tenant could move back in.

Facts: Tenant sued landlord to get repairs after tenant had to move out of fire-damaged apartment. Landlord and tenant signed a court-ordered stipulation permitting tenant to move back into apartment. Landlord then sued to evict tenant for creating a nuisance. Landlord claimed tenant started the fire. The court ruled against landlord because landlord had already agreed to let tenant move back in. Landlord appealed. Court: Landlord wins. Landlord merely complied with the Housing Maintenance Code by restoring the apartment to habitable condition so that tenant could move back in. Landlord didn't give up any right under the Rent Stabilization Code to seek eviction for nuisance.

Vukovic v. Wilson: NYLJ, p. 27, col. 4 (4/2/97) (App. T. 1 Dept.; Parness, JP, Freedman, Davis, JJ)

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