Evicted Tenant with Minor Rent Arrears Must Be Restored to Possession

LVT Number: #31003

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The court ruled for landlord, and tenant was evicted. Tenant later asked to be restored to possession. The court ruled for tenant on condition that he pay all rent arrears, current rent, landlord's attorney fees, and marshal fees. Landlord appealed and lost. Tenant had lived in the apartment for 15 years, and his rent default was de minimis and inadvertent. It was primarily caused by HRA delay in paying the rent for tenant.

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555 & 561 Gates, LLC v. Hamadov: Index No. 2018-1328KC, 2020 NY Slip Op 50934(U)(App. T. 2 Dept.; 8/7/20; Weston, JP, Aliotta, Siegal, JJ)