Court Stops Eviction After HRA Pays Back Rent Owed by Tenant

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court by which tenant agreed to pay $12,000 owed by Sept. 5, 2016, and to pay current rent as it became due. When tenant failed to pay the arrears, an eviction notice was served. Tenant then asked the court to stop the eviction because he was waiting for NYC Human Resources Administration (HRA) to decide his application for rent assistance. The court ruled against tenant since tenant couldn’t show that HRA would pay the arrears. Tenant later brought a second request to stay eviction and showed that all back rent could be paid immediately because HRA had issued checks for landlord. Landlord refused to accept the money, claiming that tenant’s offer was untimely. The court ruled for tenant. There were not extensive and unexplained defaults in rent payment. And it was unclear why HRA took as much time as it did to grant relief to tenant. The court granted tenant’s request to vacate the judgment and warrant based on payment of all rent arrears.

GG Rentals LLC v. Chalas: 2016 NY Slip Op 51725(U), 2016 WL 7131743 (Civ. Ct. Kings; 11/23/16; Marton, J)