Tenant Restored to Possession Since DSS Had Agreed to Pay Back Rent

September 30, 2007

LVT Number: #19894

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and issued an eviction warrant. At that point tenant owed $499. Tenant was evicted but came back to court soon afterward and asked to be restored to possession. Tenant claimed that DSS was supposed to pay his back rent but had delayed in releasing checks. The court ruled for tenant on condition that he pay $2,000 in back rent that was now owing. Landlord asked the court to reconsider its decision. The court ruled against landlord. Tenant paid the $2,000 as ordered.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and issued an eviction warrant. At that point tenant owed $499. Tenant was evicted but came back to court soon afterward and asked to be restored to possession. Tenant claimed that DSS was supposed to pay his back rent but had delayed in releasing checks. The court ruled for tenant on condition that he pay $2,000 in back rent that was now owing. Landlord asked the court to reconsider its decision. The court ruled against landlord. Tenant paid the $2,000 as ordered. And DSS had prepared checks to pay tenant's back rent before tenant was evicted. The checks just hadn't been released.

Winthrop Realty LLC v. Menal: NYLJ, 9/12/07, p. 27, col. 1 (Civ. Ct. Kings; Fiorella, J)

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