Rent-Stabilized Tenant Restored to Possession

December 1, 2001

LVT Number: 15420

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The court ruled for landlord. After the eviction, tenant tried to pay all outstanding back rent plus legal and marshal's fees. Landlord refused to accept this payment. The court ruled that landlord should accept the payment and ordered tenant restored to possession. Landlord appealed and lost. Given the long-term tenancy, the fact that tenant had two young children, and the circumstances of tenant's payment default, there was good cause to vacate the eviction warrant and restore tenant to possession.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The court ruled for landlord. After the eviction, tenant tried to pay all outstanding back rent plus legal and marshal's fees. Landlord refused to accept this payment. The court ruled that landlord should accept the payment and ordered tenant restored to possession. Landlord appealed and lost. Given the long-term tenancy, the fact that tenant had two young children, and the circumstances of tenant's payment default, there was good cause to vacate the eviction warrant and restore tenant to possession.

Linus Holding Corp. v. Harrison: NYLJ, 11/30/01, p. 18, col. 1 (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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