Tenant Who Paid Rent Arrears Must Be Restored to Possession

February 13, 2018

LVT Number: #28192

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The court ruled for landlord, and tenant was evicted. The court later granted tenant's request to be restored to possession of the apartment. Landlord appealed and lost. On Jan. 31, 2017, tenant gave landlord money orders covering the full amount of back rent that the court ruled on Jan. 10, 2017, was owed. Although the court's order set a payment deadline that was a few days earlier than Jan. 31, tenant gave landlord the money orders two weeks prior to her eviction.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The court ruled for landlord, and tenant was evicted. The court later granted tenant's request to be restored to possession of the apartment. Landlord appealed and lost. On Jan. 31, 2017, tenant gave landlord money orders covering the full amount of back rent that the court ruled on Jan. 10, 2017, was owed. Although the court's order set a payment deadline that was a few days earlier than Jan. 31, tenant gave landlord the money orders two weeks prior to her eviction. While the eviction wasn't unlawful, the lower court's decision to restore the long-term tenant to possession was fair. The fact that landlord rerented the apartment to an unregulated tenant two days after the eviction and before removing tenant's possessions didn't provide a basis to refuse restoration of tenant.

Thamer Properties Corp. v. Nava: 58 Misc.3d 149(A), 2018 NY Slip Op 50079(U) (App. T. 1 Dept.; 1/24/18; Shulman, PJ, Ling-Cohan, Gonzalez, JJ)

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