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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Ruppert House Co. v. Altmann, 127 Misc. 2d 115 (1985)

Citation
Ruppert House Co. v. Altmann, 127 Misc. 2d 115 (1985)
Parent Document
Ruppert House Co. v. Altmann, 127 Misc. 2d 115 (1985)
Jurisdiction
New York (state)
Effective Date
1985-01-31

Full Text

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If the landlord believes that the tenant can obtain the rent representing past arrears, through, for example, the Department of Social Services, then the landlord will extend time. If the landlord assesses the tenant’s position as impecunious so that it is unlikely that the tenant will pay off the back rent, no payout will be allowed. In short, the landlord must conduct an assessment of the tenant’s financial situation and make a business decision about whether or not to offer a payout. It is implausible to say that landlords will refuse to provide payouts if they are not allowed to tie them in with future rents through the use of a “floating warrant”. Landlords will permit payouts I believe, based on the likelihood of their being made whole.