Tenant Can't Be Restored to Apartment Based on Typo

October 20, 2015

LVT Number: #26568

Landlord sued to evict Section 8 tenant for nonpayment of rent in 2014. Tenant had moved out of the apartment, and her daughter unsuccessfully sought to have the rent subsidy transferred to her name. The court ruled for landlord, and tenant was evicted. The court then granted two post-eviction orders to show cause for tenant, but the rent remained unpaid and tenant didn’t return to the apartment until June 2015. Tenant then filed a third order to show cause, claiming that landlord was improperly named in its court papers. The court ruled against tenant.

Landlord sued to evict Section 8 tenant for nonpayment of rent in 2014. Tenant had moved out of the apartment, and her daughter unsuccessfully sought to have the rent subsidy transferred to her name. The court ruled for landlord, and tenant was evicted. The court then granted two post-eviction orders to show cause for tenant, but the rent remained unpaid and tenant didn’t return to the apartment until June 2015. Tenant then filed a third order to show cause, claiming that landlord was improperly named in its court papers. The court ruled against tenant. Tenant waited more than a year to raise this claim. And landlord’s name defect was no more than a typographical error that could be amended. The petition called landlord “Silverleaf Hall LP” when the actual owner was named “Silverleaf LP.”

 

 

 
Silverleaf Hall, LP v. Morrison: Index No. 040408/14, NYLJ No. 1202736053943 (Civ. Ct. Bronx; 8/25/14; Weissman, J)

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