Tenant Paid Back Rent Due

Landlord sued to evict tenant for nonpayment of rent. The court said it would rule for landlord unless tenant paid three months' rent into court for use and occupancy. The court also said that landlord could recover only up to three months' unpaid rent in the summary proceeding. Tenant had filed a rent overcharge complaint with the DHCR. The court later allowed landlord to proceed for all rent owed by tenant. Tenant defaulted, and the court ruled for landlord. When tenant received the 72-hour eviction warrant, she immediately mailed a check to landlord for all back rent owed and attorney's fees. Tenant asked the court to vacate the eviction warrant. The court ruled for tenant. Tenant had to wait a long time for a final ruling from the DHCR on her overcharge claim. Tenant also received public assistance and disability benefits. And tenant paid all money due landlord. Landlord suffered no loss, and it would be unfair to evict tenant.

McCullough v. Bieber: NYLJ, p. 35, col. 6 (2/14/96) (City Ct. White Plains; Friedman, J)