Akassy v. William Penn Apartments Ltd. Partnership, 891 A.2d 291 (2006)

Citation: Akassy v. William Penn Apartments Ltd. Partnership, 891 A.2d 291 (2006)
Parent Document: Akassy v. William Penn Apartments Ltd. Partnership, 891 A.2d 291 (2006)
Jurisdiction: DC (municipal)
Effective Date: 2006-02-02
Original Source: https://www.courtlistener.com/opinion/2167433/akassy-v-william-penn-apartment... ↗

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255 A.D.2d 209, 680 N.Y.S.2d 487, 491 (N.Y.App.Div.1998) (noting that potential of eviction for non-payment of rent presented irreparable harm). However, the landlord argues that the tenant has provided no proof that he could not pay the rent increase and that he would be homeless. We disagree. Here, the tenant’s failure to tender the full amount of the rent charged placed him in breach of an agreement, subject only to his pending challenge to the legality of the rent. Absent a stay, he could have been evicted under the terms of an agreement that provided that he had no right to redeem the tenancy, even if he could afford to pay the charges subsequently. The upheaval of the tenant from his home, even if he can find alternative housing, creates a cognizable irreparable injury.

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