Tenant Can't Be Restored to Possession

February 1, 1995

LVT Number: 9427

Rent-controlled tenant asked the court to restore him to possession after being evicted for nonpayment of rent. The court refused tenant's request. Before he was evicted, tenant was given several chances over a seven-month period to pay the back rent owed. Tenant repeatedly claimed that he'd paid the rent. But when asked to prove it, he admitted that he hadn't done so. Tenant didn't demonstrate good cause to be restored to possession.

Rent-controlled tenant asked the court to restore him to possession after being evicted for nonpayment of rent. The court refused tenant's request. Before he was evicted, tenant was given several chances over a seven-month period to pay the back rent owed. Tenant repeatedly claimed that he'd paid the rent. But when asked to prove it, he admitted that he hadn't done so. Tenant didn't demonstrate good cause to be restored to possession.

2785 Ocean Parkway Assoc. v. Stern: NYLJ, p. 31, col. 4 (1/11/95) (Civ. Ct. Kings; Baynes, J)

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