Tenant Needn't Be Restored to Possession

September 30, 1994

LVT Number: 9122

Landlord evicted tenant for nonpayment of rent. Tenant asked the court to restore her to possession because DSS was responsible for paying her rent. She claimed that DSS would pay the back rent in full. The court ruled for landlord. The fact that DSS might be liable for tenant's rent isn't enough to restore tenant to possession. And tenant hadn't presented an acceptable excuse for her default when she was in court for the original eviction proceeding.

Landlord evicted tenant for nonpayment of rent. Tenant asked the court to restore her to possession because DSS was responsible for paying her rent. She claimed that DSS would pay the back rent in full. The court ruled for landlord. The fact that DSS might be liable for tenant's rent isn't enough to restore tenant to possession. And tenant hadn't presented an acceptable excuse for her default when she was in court for the original eviction proceeding.

Zara Realty Holding Corp. v. Espinal: NYLJ, p. 26, col. 5 (9/14/94) (Civil Ct. Queens; Greenbaum, J)

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