Tenant May Be Restored to Possession If She Pays Back Rent Owed

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that there were apartment conditions needing repair. Landlord and tenant signed a settlement agreement in court. The stipulation gave landlord a judgment of possession. The court referred tenant to the FEPS program for public assistance and tenant sought a “One-Shot-Deal” to cover her arrears. The repairs were never done, and tenant was legally evicted when she failed to appear in court on an order to show cause she filed to get more time. Tenant later sought restoration to the apartment. Landlord signed another stipulation staying rerental of the apartment provided that tenant paid the $5,800 owed. In the meantime, landlord had signed a lease with a new tenant and asked the court to permit the rerental. But landlord had waited over 30 days to take legal possession of the apartment while accepting tenant’s public assistance payments. The court ruled that tenant couldn’t be restored to the apartment until she paid all the back rent. But, in the meantime, landlord couldn’t rerent the apartment. If tenant paid the balance of back rent owed by July 1, she must be allowed back to the apartment.

LL Solution LLC v. McCollin: Index No. L&T 6440/15, NYLJ No. 1202731301647 (Civ. Ct. Bronx; 6/19/15; Doherty, J)