Landlord Seeks Eviction for Chronic Nonpayment

Landlord sued to evict rent-stabilized tenant for chronic late payment of monthly rent. Landlord had commenced four prior nonpayment proceedings against tenant between 2005 and 2008. Landlord and tenant signed a settlement agreement in court. Tenant consented to a judgment in landlord's favor and issuance of an eviction warrant. Landlord agreed to delay eviction while tenant paid back rent owed and to give tenant a 15-month probation period. Two months later, tenant asked the court to delay eviction after defaulting. The court granted tenant's request on condition that tenant pay $11,850 in back rent by August 2010. In August 2010, tenant again asked for more time to pay the back rent while waiting for public assistance. The back rent was then paid and the probation period was changed to 18 months. In September 2011 tenant again asked for a stay of eviction after defaulting. The court ruled for tenant. This was tenant's first default under the probationary period after the Family Eviction Prevention Supplement (FEPS) program paid the rent arrears. The FEPS program also had reduced its monthly contribution toward tenant's rent without tenant's knowledge. The resulting outstanding arrears were minimal, tenant had lived in the apartment for over 10 years, and was a single mother. The court extended the probationary period to 24 months.

4220 Broadway LLC v. Gomez: 33 Misc.3d 1207(A), 2011 NY Slip Op 51803(U) (Civ. Ct. NY; 10/11/11; Kraus, J)