Tenant's Chronic Nonpayment Excused

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Under this agreement, an eviction warrant was issued, but execution of the warrant was delayed while tenant remained on probation. Tenant agreed that during the probation period she would pay her rent on time. Landlord later asked the court for permission to execute the eviction warrant. Landlord claimed that tenant violated the settlement agreement by repeatedly paying her rent late. The court ruled against landlord. Tenant's defaults were largely due to circumstances beyond her control, including delays by Public Assistance in issuing payments on tenant's behalf. Tenant's actions weren't willful and were excused by the court.

Shalan Realty of New York Corp. v. Crispin: NYLJ, 2/14/07, p. 20, col. 3 (Civ. Ct. Bronx; Alpert, J)