Tenant Restored to Possession

September 30, 1995

LVT Number: 9041

A court found that tenant had been illegally evicted, and ordered landlord to restore him to possession once he paid the back rent owed. Landlord wouldn't accept tenant's rent payments. Landlord appealed the illegal eviction ruling, and claimed that tenant couldn't move back in until the appeal was decided. Tenant asked the court to compel landlord to accept the money and restore him to possession. Tenant wins. The court has discretion to restore tenant to possession pending landlord's appeal.

A court found that tenant had been illegally evicted, and ordered landlord to restore him to possession once he paid the back rent owed. Landlord wouldn't accept tenant's rent payments. Landlord appealed the illegal eviction ruling, and claimed that tenant couldn't move back in until the appeal was decided. Tenant asked the court to compel landlord to accept the money and restore him to possession. Tenant wins. The court has discretion to restore tenant to possession pending landlord's appeal.

Ocean Realty Co. v. Molina: NYLJ, p. 24, col. 4 (8/17/94) (Civ. Ct. Kings; Gould, J)

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