Tenant Gets Chance to Avoid Eviction by Paying Back Rent

April 30, 2003

LVT Number: 16533

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The court ruled for landlord but delayed execution of the eviction warrant to give tenant a chance to pay back rent by a certain date. Landlord appealed that part of the court's ruling. The appeals court ruled against landlord. The lower court had properly exercised its discretion based on good cause showed by tenant for delay in paying rent.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The court ruled for landlord but delayed execution of the eviction warrant to give tenant a chance to pay back rent by a certain date. Landlord appealed that part of the court's ruling. The appeals court ruled against landlord. The lower court had properly exercised its discretion based on good cause showed by tenant for delay in paying rent.

601 West Realty LC v. Chapa: NYLJ, 4/8/03, p. 18, col. 1 (App. T. 1 Dept.; Suarez, PJ, McCooe, Schoenfeld, JJ)

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