Tenant Excused From Minor Default on Payment Agreement

April 30, 2007

LVT Number: #19589

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Eviction was delayed to give tenant time to make scheduled payments toward back rent. Landlord later asked the court for permission to proceed with eviction based on tenant's default. The court ruled against landlord. Landlord appealed and lost. Tenant was elderly, disabled, and had missed one payment under the settlement agreement. The court's decision to excuse tenant was fair in light of her long-term tenancy.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Eviction was delayed to give tenant time to make scheduled payments toward back rent. Landlord later asked the court for permission to proceed with eviction based on tenant's default. The court ruled against landlord. Landlord appealed and lost. Tenant was elderly, disabled, and had missed one payment under the settlement agreement. The court's decision to excuse tenant was fair in light of her long-term tenancy.

Sherman Nagle Realty Corp. v. Felipe: NYLJ, 4/24/07, p. 29, col. 2 (App. T. 1 Dept.; McCooe, JP, Schoenfeld, Heitler, JJ)

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