Tenants Can't Extend Period to Correct Lease Violation

April 1, 2006

LVT Number: 18742

Landlord sued to evict Mitchell-Lama tenant for performing substantial unauthorized structural changes in his apartment, in violation of his lease. The court ruled for landlord, but delayed the eviction to give tenant a chance to correct the lease violation. Tenant later asked the court to extend the period to correct the lease violation. The court ruled against tenant. The court's last prior order, issued in September 2005, gave tenant 30 days to correct the violation. The case had been pending for over five years, and tenant also had been given prior extensions of time.

Landlord sued to evict Mitchell-Lama tenant for performing substantial unauthorized structural changes in his apartment, in violation of his lease. The court ruled for landlord, but delayed the eviction to give tenant a chance to correct the lease violation. Tenant later asked the court to extend the period to correct the lease violation. The court ruled against tenant. The court's last prior order, issued in September 2005, gave tenant 30 days to correct the violation. The case had been pending for over five years, and tenant also had been given prior extensions of time. The court ruled that no further extension should be granted.

Bedford Gardens Co. v. Berkowitz: NYLJ, 3/15/06, p. 19, col. 3 (Civ. Ct. Kings; Heymann, J)

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