Warrant Vacated Based on Lease Amendment

Landlord sued to evict subsidized housing tenant for nonpayment of rent. Landlord and tenant signed a court agreement in which tenant agreed that the monthly market rent was $1,437. Landlord later sought to enforce an eviction warrant issued against tenant because she didn't pay the back rent at the agreed upon amount. Tenant asked the court to vacate the warrant. She showed the court a lease amendment that landlord had signed after she provided all recertification documents needed to adjust her rent. The lease amendment set her monthly rent at $124, retroactively. The court ruled for tenant and vacated the eviction warrant. Tenant owed only the amount due under the lease amendment, and she showed that she had paid it.

Fulton Park Assocs. v. Walker: NYLJ, p. 32, col. 4 (9/22/99) (Civ. Ct. Kings; Callender, J)