Tenant Paid Rent Arrears Before Execution of Warrant

Landlord sued to evict tenant for nonpayment of rent. The court ultimately ruled against landlord. Under HSTPA, RPAPL Section 749(3) no longer terminates a landlord-tenant relationship upon issuance of an eviction warrant. Landlord wasn't entitled to evict tenant based on outstanding rent arrears because there was no proof that tenant withheld the rent due in bad faith, a credit to tenant's account in excess of the amount of the judgment of possession was applied to tenant's account prior to execution of the eviction warrant, landlord didn't amend its court petition to include the additional back rent that accrued after the judgment and warrant were issued, and the rent amounts owed were for the period of time before the eviction warrant was issued. The warrant therefore was vacated. 

636 Apt. Assoc., JV v. Mayo: Index No. 2920-19, 2020 NY Slip Op 20244 (City Ct. Mt. Vernon; 9/25/20; Williams, J)