Long-Term Tenant Who Was Seriously Ill Excused from Eviction

January 16, 2018

LVT Number: #28133

Landlord sued to evict rent-stabilized tenant. The court ruled for landlord, and tenant was evicted but later restored to possession by the court. Landlord and tenant then signed a settlement agreement, but landlord later sought eviction due to tenant's violation of the agreement by failing to pay rent. Tenant asked the court to delay execution on the eviction warrant. The court ruled for tenant. Landlord appealed and lost. The court did not abuse its discretion.

Landlord sued to evict rent-stabilized tenant. The court ruled for landlord, and tenant was evicted but later restored to possession by the court. Landlord and tenant then signed a settlement agreement, but landlord later sought eviction due to tenant's violation of the agreement by failing to pay rent. Tenant asked the court to delay execution on the eviction warrant. The court ruled for tenant. Landlord appealed and lost. The court did not abuse its discretion. Tenant had lived in the apartment for 30 years, had paid rent for 19 months since moving back in, until he became seriously ill, and was prepared to pay the full rent arrears due to landlord. 

45 Pinehurst Avenue Realty Co. LLC v. Landa: 58 Misc.3d 130(A), 2017 NY Slip Op 51744(U) (App. T. 1 Dept.; 12/20/17; Lowe III, PJ, Schoenfeld, Shulman, JJ)

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