Court Refuses to Evict Tenant Whose Barred Son Returned to Get Possessions

Landlord sued to evict tenant based on the sale of narcotics by tenant’s son at the building. Landlord and tenant signed a settlement agreement in which tenant agreed that the son would move out immediately and be barred from visiting the apartment. Landlord later went back to court seeking a judgment of possession. Landlord claimed that tenant had breached the agreement. Tenant sought to change or partially vacate the agreement. Tenant admitted that she violated the agreement but said that the agreement gave too little time (18 days) for her son to remove his possessions from the apartment, although he had moved out right away. The son was in his 40s and had lived in the apartment his whole life. He had come in and out to remove his belongings. Tenant also said that she had changed the locks and not given her son a key. The court ruled for tenant and stopped execution on the eviction warrant given the circumstances. Tenant had lived in the apartment a long time and suffered from many physical ailments. 

91-32/34 St. LLC v. Williams: Index No. 71072/15, NYLJ No. 1202766138280 (Civ. Ct. Queens; 8/16/16; Lansden, J)