Landlord Didn't Prove Tenant Didn't Move Back into Apartment

Landlord sued to evict rent-stabilized tenant for illegal subletting. Landlord and tenant, both represented by attorneys, signed a settlement agreement in court. Tenant agreed to resume living in the apartment by Oct. 31, 2007, a few weeks after the agreement was signed. Landlord later claimed that tenant didn’t comply with the agreement. After a hearing, the court ruled against landlord. Tenant was 75 years old and suffered from dementia or Alzheimers disease. Her family members testified that she visited them at times, but that she was residing in the apartment as of the required date, or within a few days thereafter. Landlord claimed that he didn’t see tenant at the apartment, but he didn’t seek to inspect the apartment as the agreement permitted. And portions of landlord’s testimony contradicted other statements landlord made. So landlord failed to prove that tenant breached the agreement. And, while tenant’s children admitted that tenant frequently was absent from the apartment, this didn’t mean that she didn’t reside there.

1077 Manhattan Associates v. Rodriguez: NYLJ, 2/25/09, p. 30, col. 3 (Civ. Ct. Kings; Lansden, J)