Tenant Restored to Possession

June 30, 2000

LVT Number: 14197

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's failure to appear in court. After tenant was evicted, he asked the court to vacate the judgment and restore him to possession. The court ruled for tenant. Landlord appealed and lost. DSS paid tenant's rent directly to landlord. So landlord, not tenant, knew that the rent payment hadn't been received. Landlord should have tried to contact DSS or tenant before starting the nonpayment case.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's failure to appear in court. After tenant was evicted, he asked the court to vacate the judgment and restore him to possession. The court ruled for tenant. Landlord appealed and lost. DSS paid tenant's rent directly to landlord. So landlord, not tenant, knew that the rent payment hadn't been received. Landlord should have tried to contact DSS or tenant before starting the nonpayment case.

Unity Assocs. L.P. v. Spicer: NYLJ, 6/6/00, p. 30, col. 1 (App. T.2 Dept.; Scholnick, JP, Chetta, Patterson, JJ)

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