A tenant who was evicted from his apartment and then allowed back in by his building’s superintendent after paying back rent cannot be evicted again using the same order of eviction, even if he still owes additional rent and fees, a Brooklyn judge has ruled.
Brooklyn Housing Court Judge Gary Martin ruled on Dec. 11 in 598 Marcy Ave. v. Othman, 70597/13, that it did not matter whether the superintendent let the tenant, Alex Othman, move back into the apartment by mistake or whether Othman was current with his rent. Once executed, the judge said, an order of eviction cannot be executed again.
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