Landlord Didn't Give Up Right to Collect Higher Rent

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed tenant's total monthly rent for the prior two years was $370. DSS paid landlord $215 per month for tenant's shelter allowance. Landlord claimed tenant owed a balance of $155 per month. Tenant claimed landlord had reduced his rent to $215 indefinitely until tenant could find work. Landlord claimed it told tenant he could pay $215 from DSS until he got a job and that tenant could do work in the building in the meantime to make up the balance. Landlord claimed that tenant later claimed to have found a job, discontinued doing work in the building, and signed a new lease for $370. The court ruled for landlord and found, based on testimony of both sides, that landlord didn't give up the $155 balance indefinitely. Landlord's claim for rent going back two years was also on time since a prior nonpayment proceeding was dismissed for procedural reasons and landlord immediately started a new proceeding.

1169 Flatbush Ave. Corp. v. Peacock: NYLJ, p. 29, col. 4 (9/17/97) (Civ. Ct. Kings; Finkelstein, J)