Civil Court Can't Order DSS to Pay Tenant's Rent

May 31, 1994

LVT Number: 8832

Landlord sued to evict tenant for nonpayment of rent. The civil court directed that DSS be joined in the proceeding and ordered the agency to pay tenant's rent. DSS appealed. The appeals court ruled for DSS. By not making assistance payments to tenant on time, DSS had contributed to tenant's inability to pay rent. But the civil court had no authority to order DSS to make payment. Instead, new laws are needed to accomplish this.

Landlord sued to evict tenant for nonpayment of rent. The civil court directed that DSS be joined in the proceeding and ordered the agency to pay tenant's rent. DSS appealed. The appeals court ruled for DSS. By not making assistance payments to tenant on time, DSS had contributed to tenant's inability to pay rent. But the civil court had no authority to order DSS to make payment. Instead, new laws are needed to accomplish this.

Affordable Housing SJP-LP v. DeKalb: NYLJ, p. 32, col. 5 (5/19/94) (App. T. 2 Dept.; Kassoff, PJ, Aronin, Patterson, JJ)

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