Eviction Case Delayed Until Criminal Case Against Tenant Resolved

January 19, 2016

LVT Number: #26713

Landlord sued to evict tenant for breaching her lease after tenant attacked another tenant with a cane. The attack resulted in the other tenant’s hospitalization and tenant’s arrest. On the eve of trial in the eviction case, tenant asked the court to delay the trial until a related criminal action had been completed in court. Tenant claimed that her defense in housing court would be severely limited at this time because she would have to invoke her Fifth Amendment right against self-incrimination. Landlord claimed that tenant waited too long to request the housing court delay.

Landlord sued to evict tenant for breaching her lease after tenant attacked another tenant with a cane. The attack resulted in the other tenant’s hospitalization and tenant’s arrest. On the eve of trial in the eviction case, tenant asked the court to delay the trial until a related criminal action had been completed in court. Tenant claimed that her defense in housing court would be severely limited at this time because she would have to invoke her Fifth Amendment right against self-incrimination. Landlord claimed that tenant waited too long to request the housing court delay. The court ruled for tenant. Tenant’s right against self-incrimination was more important than any delay suffered by landlord. 

 

 

 
Hempstead Housing Authority v. Moorer: Index No. LT-001957-15, NYLJ No. 1202745486079 (Dist. Ct. Nassau; 12/16/15; Fairgrieve, J)

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