One Rent Default Not Enough to Warrant Tenant's Eviction

July 31, 2002

LVT Number: 15982

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The court ruled for landlord after tenant didn't appear in court. After tenant's eviction, she asked the court to vacate the eviction warrant and restore her to possession. The court ruled against tenant. Tenant appealed and won. Tenant was elderly and was on vacation in Florida when the case went to court. There was only one rent default for $570. And tenant's failure to appear in court was unintentional.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The court ruled for landlord after tenant didn't appear in court. After tenant's eviction, she asked the court to vacate the eviction warrant and restore her to possession. The court ruled against tenant. Tenant appealed and won. Tenant was elderly and was on vacation in Florida when the case went to court. There was only one rent default for $570. And tenant's failure to appear in court was unintentional.

Blackstone Assocs. v. Hess: NYLJ, 7/9/02, p. 18, col. 1 (App. T.1 Dept.; Suarez, PJ, Gangel-Jacob, Schoenfeld, JJ)

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