Landlord Must Accept Back Rent DSS Issued to Tenant’s Domestic Partner

January 25, 2016

LVT Number: #26739

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant later claimed that landlord refused to accept rent arrears payments in the form of public assistance payments issued to tenant’s domestic partner and the couple’s 6-year-old twins. Landlord argued that it didn’t have to accept payments from the partner, who wasn’t the tenant of record. The court disagreed. DSS had issued a “one-shot deal” payment to tenant’s domestic partner specifically to pay back rent owed to landlord.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant later claimed that landlord refused to accept rent arrears payments in the form of public assistance payments issued to tenant’s domestic partner and the couple’s 6-year-old twins. Landlord argued that it didn’t have to accept payments from the partner, who wasn’t the tenant of record. The court disagreed. DSS had issued a “one-shot deal” payment to tenant’s domestic partner specifically to pay back rent owed to landlord. Landlord was unreasonably refusing to accept this rent payment. And landlord’s question as to the status of tenant’s domestic partner appeared to be thinly veiled discrimination based on marital status. 

 

 

 

Anderson Avenue Asociates, LP v. Garcia: 21 N.Y.S.3d 606, 2015 NY Slip Op 25423 (Civ. Ct. Bronx; 12/21/15; Vargas, J)

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