Tenant Restored to Possession

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement requiring tenant to pay $500 in back rent by May 3, 2007. Tenant failed to pay and was evicted on May 11. Landlord immediately began apartment renovations. In the meantime, tenant asked the court to be restored to possession. Tenant's default was due solely to the failure by DSS to release a timely check to landlord for the back rent. The court ruled for tenant on condition that he pay the back rent, along with $1,575 to cover landlord's attorney fees and marshal fees. Landlord appealed, claiming that tenant had violated the settlement agreement. Landlord also argued that, if tenant was allowed back into the apartment, he should be directed to pay landlord $20,000 in renovation costs. The appeals court ruled against landlord. Tenant's default wasn't his fault, and he paid the back rent and fees ordered by the court. The housing court had no power to order a prospective 1/40th rent increase for the apartment renovations, and couldn't determine the rights of landlord and tenant in connection with any rent increase that may be warranted.

Winthrop Realty, LLC v. Menal: NYLJ, 12/11/08, p. 38, col. 1 (App. T. 2 Dept.; Weston Patterson, JP, Golia, Steinhardt, JJ)