Court Can Temporarily Delay Eviction

Facts: Landlord sued to evict tenant for nonpayment of rent. Tenant and landlord agreed in court that tenant would pay back rent by a certain date. A judgment of possession for landlord and an eviction warrant were issued. The eviction warrant was delayed. Tenant didn't pay by the agreed-upon date, and landlord tried to move ahead with the eviction. Tenant asked the court, by order to show cause, for a temporary delay. Tenant was getting rent money from DSS, and it hadn't come through yet. The court ruled for tenant, and landlord appealed. Landlord argued that under RPAPL Section 747-a, a tenant must pay back rent owed within five days after a judgment is issued, and no further delay is allowed. This law had been upheld in court as constitutional. Court: Although RPAPL Section 747-a is constitutional in general, it is unconstitutional when applied to a temporary delay granted by a court when tenant asks for a further delay after a final judgment is issued, because it improperly interferes with the court's decision-making authority. In this case, the court properly granted a temporary delay because tenant showed that he had gotten the money from DSS to pay the back rent.

Jones v. Allen: NYLJ, 6/30/00, p. 30, col. 3 (App. T.2 Dept.; Aronin, JP, Scholnick, Patterson, JJ)