Tenant Claims She Can Now Pay Rent

May 31, 1995

LVT Number: 9729

Landlord sued to evict tenant for nonpayment of rent. The trial court ruled for landlord. Tenant later asked the court to vacate the eviction warrant. The court ruled against tenant and tenant appealed. The appeals court ruled for tenant. Tenant was rent-controlled, had lived in the apartment over 20 years, and had only recently fallen behind in her rent due to an illness, which resulted in a loss of income. The Department of Social Services paid, somewhat late, $5,700 of the $6,300 tenant owed in back rent. Tenant had now resumed working and was able to pay the rent.

Landlord sued to evict tenant for nonpayment of rent. The trial court ruled for landlord. Tenant later asked the court to vacate the eviction warrant. The court ruled against tenant and tenant appealed. The appeals court ruled for tenant. Tenant was rent-controlled, had lived in the apartment over 20 years, and had only recently fallen behind in her rent due to an illness, which resulted in a loss of income. The Department of Social Services paid, somewhat late, $5,700 of the $6,300 tenant owed in back rent. Tenant had now resumed working and was able to pay the rent. Under the circumstances, eviction would be an extreme penalty.

3628 Broadway v. Burgess: NYLJ, p. 25, col. 5 (5/31/95) (App. T. 1 Dept.; Parness, JP, Miller, Glen, JJ)

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