No Rent Deposit Required if Case Delayed ‘On Consent'

Landlord sued to evict tenant for nonpayment of rent. While the case was pending, landlord asked the court to require tenant to deposit rent in accordance with the Rent Regulation Reform Act of 1997. The law requires a rent deposit when 1) tenant has made two requests for a delay or 2) 30 days have passed since the first court appearance minus any days that the case had been delayed at landlord's request. The court ruled against landlord. The first court date was Nov. 13, 1997. On that date the case was delayed to Nov. 25 ''on consent'' between landlord and tenant. On Nov. 25 the case was delayed to Dec. 16 ''on consent'' so that tenant could ask the court to decide certain pre-trial issues. The court didn't decide tenant's request until February 1998. Although tenant asked for the delays, landlord consented to them and tenant didn't have to ask the court to grant them. So legally the two delays weren't requested by tenant and didn't require a rent deposit. Also, even though more than 30 days had passed with the two delays, this time wasn't chargeable to tenant, again because the delays were ''on consent.''

Allmen v. Andre: NYLJ, p. 30, col. 1 (4/8/98) (Civ. Ct. NY; Friedman, J)