DSS Didn't Make On-Time Rent Payments

August 31, 2004

LVT Number: 17530

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord. Tenant and landlord later signed a settlement agreement in court, stating that tenant would be restored to possession upon payment of back rent. Tenant also agreed to a one-year probation period. During the probation, the marshal could send tenant an eviction notice if rent wasn't paid by the 5th date of the month. Tenant paid her share of rent on time but DSS didn't make on-time payments. The court granted tenant's several requests to delay eviction. Landlord appealed and lost.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord. Tenant and landlord later signed a settlement agreement in court, stating that tenant would be restored to possession upon payment of back rent. Tenant also agreed to a one-year probation period. During the probation, the marshal could send tenant an eviction notice if rent wasn't paid by the 5th date of the month. Tenant paid her share of rent on time but DSS didn't make on-time payments. The court granted tenant's several requests to delay eviction. Landlord appealed and lost. Tenant paid her share of the rent on time. Landlord agreed to accept part of tenant's rent from DSS. It wasn't tenant's fault that DSS made late payments, and tenant shouldn't be forced out of the apartment for this reason.

Everett D. Jennings Apts. LP v. Jones: NYLJ, 8/13/04, p. 26, col. 1 (App. T. 2 Dept.; Pesce, PJ, Golia, Rios, JJ)

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