Tenant Restored to Possession Due to Extreme Hardship

September 30, 2002

LVT Number: 16112

Landlord sued to evict elderly rent-controlled tenant for nonpayment of rent. Tenant owed nearly four years' worth of rent. Her monthly rent was $246. The court appointed a guardian to represent tenant. Tenant applied for emergency back rent payment assistance from DSS. Through DSS error and delay, the rent wasn't paid, and the court ruled for landlord. After tenant was evicted, she asked the court to be restored to possession. The court ruled for tenant. The new tenant was 37 years old, paid $800 per month, and spent little time in the apartment.

Landlord sued to evict elderly rent-controlled tenant for nonpayment of rent. Tenant owed nearly four years' worth of rent. Her monthly rent was $246. The court appointed a guardian to represent tenant. Tenant applied for emergency back rent payment assistance from DSS. Through DSS error and delay, the rent wasn't paid, and the court ruled for landlord. After tenant was evicted, she asked the court to be restored to possession. The court ruled for tenant. The new tenant was 37 years old, paid $800 per month, and spent little time in the apartment. On the other hand, it would cause extreme hardship to the evicted elderly and disabled tenant to relocate.

Pomeroy Co. v. Thompson: NYLJ, 9/18/02, p. 20, col. 6 (Civ. Ct. NY; Schreiber, J)

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