Disabled Tenant Restored to Possession

November 1, 2004

LVT Number: 17659

Landlord sued to evict rent-controlled tenant for nonpayment of rent. The court ruled for landlord, and tenant was evicted. Two months later, tenant asked the court to restore her to possession. The court ruled for tenant. Landlord appealed and lost. Tenant was disabled and had been hospitalized right after the eviction. This excused her delay in seeking restoration. Tenant was represented by a guardian who didn't adequately represent her in court. DSS also didn't act promptly but eventually presented the funds to pay tenant's back rent.

Landlord sued to evict rent-controlled tenant for nonpayment of rent. The court ruled for landlord, and tenant was evicted. Two months later, tenant asked the court to restore her to possession. The court ruled for tenant. Landlord appealed and lost. Tenant was disabled and had been hospitalized right after the eviction. This excused her delay in seeking restoration. Tenant was represented by a guardian who didn't adequately represent her in court. DSS also didn't act promptly but eventually presented the funds to pay tenant's back rent. Tenant had lived in the apartment almost 50 years, and new tenant was transient. For all of these reasons, it was fair and reasonable to restore tenant to possession.

Pomeroy Co. v. Thompson: NYLJ, 10/20/04, p. 30, col. 1 (App. T. 1 Dept.; McCooe, JP, Davis, Gangel-Jacob, JJ)

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