Landlord's Acceptance of Rent Checks Formed No Waiver

Landlord sued to evict tenant for creating a nuisance. Tenant asked the court to dismiss the case because landlord had accepted checks from the Dept. of Social Services (DSS) issued to cover tenant's rent. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord and reopened the case. Landlord served a notice on tenant, terminating the tenancy as of July 31, 2018. Landlord then commenced an eviction proceeding on Aug. 6, 2018. Landlord had the right to accept rent after commencement of the proceeding under Real Property Actions and Proceedings Law 711(1). So Landlord's acceptance of a DSS rent check dated Aug. 10, 2018, didn't constitute a waiver. Likewise, landlord's acceptance of a DSS rent check on July 27, 2018, prior to the July 31, 2018, lease terminate date, didn't constitute a waiver. And, even if landlord had accepted these rent payments during the window period between lease termination and commencement of the eviction proceeding, the two checks were paid to a bank lockbox and therefore wouldn't have conclusively proved waiver.

Sebco Hous. Dev. Fund Co., Inc. v. Acosta: Index No. 570696/2019, 2020 NY Slip Op 50236(U) (App. T. 1 Dept.; 2/19/20; Shulman, PJ, Cooper, Edmead, JJ)