Landlord Accepted Rent from DSS

September 30, 1997

LVT Number: 11783

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant requested delay of the eviction to allow for processing of tenant's application to DSS for ``Jiggetts'' relief. The court ruled for tenant, and landlord appealed. The appeals court ruled against landlord. The court had granted tenant a delay until Jan. 19, 1996. Subsequently, DSS issued a check on Jan. 24 for the entire back rent, and landlord accepted payment.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant requested delay of the eviction to allow for processing of tenant's application to DSS for ``Jiggetts'' relief. The court ruled for tenant, and landlord appealed. The appeals court ruled against landlord. The court had granted tenant a delay until Jan. 19, 1996. Subsequently, DSS issued a check on Jan. 24 for the entire back rent, and landlord accepted payment. Landlord's acceptance of payment after the expiration date of the agreement reinstated the tenancy and ended landlord's right to terminate the tenancy.

647 Albany Ave. Corp. v. Pittman: NYLJ, p. 29, col. 5 (9/23/97) (App. T. 2 Dept.; Aronin, JP, Scholnick, Chetta, JJ)

Topics

More like this