Evicted Rent-Stabilized Tenant Restored to Possession Where DSS Would Pay Back Rent

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The court ruled for landlord, and tenant was evicted. On March 4, 2025, the court granted tenant's first motion to be restored to possession if he paid rent arrears and legal/marshal fees totaling $38,900 by March 25, 2025. On March 25, DSS issued checks for nearly the full amount of the back rent owed, although the funds hadn't yet been delivered to landlord. Meanwhile, the court granted tenant's second order to show cause for more time because tenant had shown good cause and on condition that landlord be paid the back rent owed plus April rent plus legal fees.  Tenant was a disabled veteran and the court noted that, post-HSTPA, eviction of this tenant wouldn't result in apartment deregulation or significant vacancy increases. Absent any other factors such as tenant nuisance or a need for owner occupancy, it likely made sense for a landlord to agree to give tenant a chance to pay the rent arrears. Here, landlord's only objection to restoring tenant was that it took too long to get the back rent paid. 

Nikki Suites LLC v. Hale: Index No. 302792/24, 2025 NY Slip Op 50467(U), 85 Misc.3d 1251(A) (Civ. Ct. Kings 4/10/25; Weisberg, J)