Tenant's Default Excused Due to Depression over His Health

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The court ruled for landlord. Eviction was delayed to allow tenant a chance to get money from his pension fund. When tenant didn't pay after the delay, he was evicted. Tenant quickly asked the court to be restored to possession. Tenant had lived in the apartment for ten years and relied on his pension to pay rent. Tenant was now prepared to pay. He said he didn't meet the delay deadline because he had been diagnosed with cancer and had gone to Florida to visit his family for emotional support. The court ruled for tenant and ordered landlord to restore him to possession. Tenant's default wasn't deliberate but was due to his depression over his health. He was a long-term tenant, he was ready to pay, and the amount of default was only $5,000.

Kew Gardens Assocs. LLC v. Ruvio: NYLJ, 12/8/04, p. 20, col. 3 (Civ. Ct. Queens; Birnbaum, J)