Tenant Restored to Possession

July 31, 1996

LVT Number: 10760

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant was evicted. Tenant then asked the court to be restored to possession. The court ruled against tenant, and tenant appealed. The appeals court reversed and ruled for tenant. Two days after tenant's eviction, she was able to pay her back rent due in full, and a DSS case worker told the court that the agency was now able to grant tenant a shelter allowance. This insured that tenant could pay her $300 monthly rent.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant was evicted. Tenant then asked the court to be restored to possession. The court ruled against tenant, and tenant appealed. The appeals court reversed and ruled for tenant. Two days after tenant's eviction, she was able to pay her back rent due in full, and a DSS case worker told the court that the agency was now able to grant tenant a shelter allowance. This insured that tenant could pay her $300 monthly rent. The trial court should have exercised its discretion to avoid the eviction of tenant and her family. Tenant was rent-stabilized and had lived in the apartment for a long time.

Laurian Assocs. v. Woody: NYLJ, p. 27, col. 3 (7/29/96) (App. T. 1 Dept.; Ostrau, PJ, McCooe, Davis, JJ)

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