Rent-Controlled Tenant Restored to Possession

LVT Number: 13398

Landlord sued to evict rent-controlled tenant for nonpayment of rent. Tenant agreed to pay back rent under a court agreement. When he didn't pay, he was evicted. Tenant immediately asked the court to restore him to possession. The court ruled against tenant, and tenant appealed. The appeals court ruled for tenant. Tenant had lived in the apartment for over 50 years, and his monthly rent was $185. He owed just $635 to landlord under the court agreement.

Landlord sued to evict rent-controlled tenant for nonpayment of rent. Tenant agreed to pay back rent under a court agreement. When he didn't pay, he was evicted. Tenant immediately asked the court to restore him to possession. The court ruled against tenant, and tenant appealed. The appeals court ruled for tenant. Tenant had lived in the apartment for over 50 years, and his monthly rent was $185. He owed just $635 to landlord under the court agreement. Given the small amount owed, his prompt request for restoration, and the fact that tenant had now gotten public assistance money to pay the back rent, he should be permitted back into the apartment.

Sherman Ave. Corp. v. Coughlin: NYLJ, p. 26, col. 3 (7/20/99) (App. T.1 Dept.; Parness, PJ, McCooe, Freedman, JJ)