Court Extends Delay of Eviction

Facts: Landlord of a two-family house rented an illegal basement apartment to tenant. Tenant lived in the apartment with her grandchildren. One of the grandchildren had cerebral palsy. Landlord sued to evict tenant from the illegal apartment. The court ruled for landlord but delayed eviction for six months. Tenant later asked the court to extend the delay. She had applied to NYCHA for public housing and said her application was delayed because landlord didn't provide a required letter. Landlord argued that the court didn't have authority to extend the delay of the eviction for more than six months. Court: Tenant wins. Courts have the power to delay commercial evictions for more than six months to protect a tenant's financial interests. So the court must have the power to delay a residential eviction in this case to protect the health and safety of a child with a disability. In the meantime, landlord continued to collect use and occupancy from tenant, so there was no harm.

Totaram v. Cordero: NYLJ, 4/16/03, p. 22, col. 3 (Civ. Ct. Kings; Battaglia, J)