Tenant Gets Four Years to Pay Back Rent Owed

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant had settled a prior nonpayment case by agreeing that tenant would pay $420 per month instead of $735 while her rent overcharge complaint was pending with the DHCR. The DHCR later ruled against tenant. Landlord claimed tenant now owed $28,000 in back rent. Tenant argued that she'd filed a PAR appealing the DRA's order. The court pointed out that the filing of tenant's PAR didn't delay the effect of the DRA's order. But, given the prior settlement agreement, the large amount of back rent now owed, and the DHCR's five-year delay in deciding tenant's complaint, the court ruled that the 12 months the DRA gave tenant to pay the back rent was insufficient. The court gave tenant four years to pay the back rent owed.

E.G.A. Assoc., Inc. v. Goodwin: NYLJ, p. 27, col. 5 (3/25/98) (Civ. Ct. NY; Cammer, J)