Tenant Restored to Possession

September 30, 1995

LVT Number: 10020

Landlord sued to evict tenant for nonpayment of rent. Tenant was evicted after breaching the terms of a stipulation. Tenant then asked the court to restore her to possession. The court ruled for tenant, and landlord appealed. The appeals court ruled against landlord. Tenant had lived in the apartment 20 years, there was a small amount of back rent owed, and tenant was physically and financially vulnerable. The fact that landlord had begun renovating the apartment the day tenant was evicted didn't bar letting her move back in.

Landlord sued to evict tenant for nonpayment of rent. Tenant was evicted after breaching the terms of a stipulation. Tenant then asked the court to restore her to possession. The court ruled for tenant, and landlord appealed. The appeals court ruled against landlord. Tenant had lived in the apartment 20 years, there was a small amount of back rent owed, and tenant was physically and financially vulnerable. The fact that landlord had begun renovating the apartment the day tenant was evicted didn't bar letting her move back in. Tenant applied for restoration immediately, and the cost of reinstating her wasn't great.

Eberhart v. Areinoff: NYLJ, p. 29, col. 3 (9/5/95) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)

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