Tenant Restored to Possession After HRA Agrees to Pay Rent Arrears

December 17, 2014

LVT Number: #25847

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay rent arrears by a certain date or else face eviction. Tenant later was evicted after failing to pay on time but then asked the court to be restored to possession. The court ruled against tenant, who appealed and won. The New York City Human Resources Administration had agreed to pay all of the back rent owed, as well as landlord's legal and marshal fees within 10 days after payment was due under the terms of the settlement agreement.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay rent arrears by a certain date or else face eviction. Tenant later was evicted after failing to pay on time but then asked the court to be restored to possession. The court ruled against tenant, who appealed and won. The New York City Human Resources Administration had agreed to pay all of the back rent owed, as well as landlord's legal and marshal fees within 10 days after payment was due under the terms of the settlement agreement. Tenant had made substantial payments toward the rent arrears while the case was pending in housing court and was able to pay new rent going forward. Under the circumstances, tenant should be restored to possession of the apartment.

2242 Clarendon Realty, LLC v. Etienne: 2014 NY Slip Op 51665(U), 2014 WL 6676473 (App. T. 2 Dept.; 11/6/14; Pesce, PJ, Aliotta, Elliot, JJ)

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