Evicted tenant who regains possession must be given new hearing
An evicted tenant who regains possession of his apartment cannot be re-evicted under the original eviction notice, a Brooklyn judge ruled.
Alex Othman was evicted from his apartment on Marcy Avenue for nonpayment of rent. In rent arrears for $4,050, the management company, 598 Marcy Avenue Associates LLC, commenced an eviction proceeding against Othman. A hearing was scheduled for June 26, 2013.
Othman did not appear for the June hearing, and an eviction judgment was filed against him. In October, an eviction warrant was served on Othman and he vacated his apartment.
Once he left his apartment, Othman filed a motion in Brooklyn’s Housing Court asking the management company to show cause as to why he should not be granted re-entry to the building and his apartment. A hearing date was scheduled for Oct. 16, but Othman never showed.