Tenant Restored to Possession After Paying Rent

July 31, 1996

LVT Number: 10754

Landlord sued to evict rent-controlled tenant for nonpayment of rent. Tenant didn't appear in court, and the court ruled for landlord. On the day of the eviction, landlord at first told tenant he wouldn't be evicted if he paid the back rent owed, but he later refused to accept payment from tenant. Tenant asked the court to be restored to possession. The court ruled for tenant the day after the eviction, and landlord appealed and lost. Tenant had lived in the apartment for 27 years.

Landlord sued to evict rent-controlled tenant for nonpayment of rent. Tenant didn't appear in court, and the court ruled for landlord. On the day of the eviction, landlord at first told tenant he wouldn't be evicted if he paid the back rent owed, but he later refused to accept payment from tenant. Tenant asked the court to be restored to possession. The court ruled for tenant the day after the eviction, and landlord appealed and lost. Tenant had lived in the apartment for 27 years. Tenant had withheld two months' rent because landlord hadn't made repairs, and tenant unintentionally failed to appear in court. The court acted properly in restoring tenant to possession under these circumstances.

Prominence Realty Corp. V. Trueblood: NYLJ, p. 25, col. 2 (7/9/96) (App. T. 1 Dept.; Parness, JP, McCooe, Davis, JJ)

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