Co-Tenant Who Fled Apartment as Domestic Abuse Victim Not Responsible for Rent Arrears

LVT Number: #29821

Landlord sued to evict tenants husband and wife for nonpayment of rent. The husband defaulted by not appearing in court. The wife's mother appeared and told the court that the wife had moved out because the husband was abusive and she was afraid to remain in his presence. The wife also had obtained an order of protection against the husband, and didn't wish to move back into the apartment. The court entered a judgment of possession in landlord's favor. But the court wouldn't enter a money judgment for the back rent against the wife.

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Riverwalk on the Hudson, Inc. v. Culliton: 2018 NY Slip Op 28350, NYLJ No. 1543266727 (City Ct. Cohoes; 11/7/18; Marcelle, J)