Succession Claimant Excused from Failing to Make Timely Court-Ordered Rent Payment

Landlord sued to evict rent-controlled tenant's son after tenant died. The court granted landlord's request to strike the son's answer and granted landlord a final judgment of possession.

The son appealed, and the appeals court reopened the case. The appeals court excused the son's failure to make a timely court-ordered payment of $6,932.50. Its reasons for doing so were that the son was a senior citizen, landlord's more than two-year delay in seeking RPAPL Section 745 relief, the large sum to be paid, the son's successful efforts to obtain public assistance funding, as well as his potentially meritorious succession claim. The appeals court found that the son should be given a further opportunity to pay the sum due. And, although the RPAPL Section 745 as amended by the HSTPA in 2019 didn't apply to this 2017 proceeding, the state legislature has since recognized a need for flexibility in dealing with rent deposits. The appeals court noted that the amended law permitted it to consider the equities of the case. 

1588-1600 AMS LLC v. Gil: Index No. 570103/21, 2022 NY Slip Op 22080, NYLJ No. 1648538339 (A.T. 1 Dept.; 3/22/22; Edmead, JP, Brigantti, Hagler, JJ)