Court Stays Eviction Based on Tenant's Hardship Declaration

LVT Number: #31400

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay $18,358 in back rent, and landlord agreed to make repairs. When tenant failed to pay, landlord asked the court for permission to execute an eviction warrant. Tenant asked the court to vacate the settlement stipulation and judgment, claiming that the rent amounts agreed to were incorrect. The court found no reason to vacate the settlement but delayed eviction until after May 1, 2021, because tenant filed a hardship declaration under CEEFPA.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay $18,358 in back rent, and landlord agreed to make repairs. When tenant failed to pay, landlord asked the court for permission to execute an eviction warrant. Tenant asked the court to vacate the settlement stipulation and judgment, claiming that the rent amounts agreed to were incorrect. The court found no reason to vacate the settlement but delayed eviction until after May 1, 2021, because tenant filed a hardship declaration under CEEFPA.

Editor's note: This court ruling was issued before the eviction moratorium was further extended to Aug. 31, 2021.

Sea Park East LP v. Williams: 2021 NY Slip Op 21080, NYLJ No. 16177786999 (Civ. Ct. Kings; 3/19/21; Harris, J)