Court Excuses Default of Tenant with Medical Condition

Landlord sued to evict rent-stabilized Section 8 tenant for breaching a substantial obligation of her lease. Landlord claimed that tenant failed to provide access to complete necessary repairs in her apartment. The court ruled for landlord based on tenant's failure to appear in court. Tenant later asked the court to vacate the default judgment. The court initially ruled against tenant based on numerous prior defaults and upon finding that tenant didn't present a justifiable excuse of meritorious defenses. But tenant renewed her request, and the court ruled in her favor. Tenant showed that she was homebound due to COPD, and needed a wheelchair and home attendant. She said she couldn't leave home in very hot or cold weather, and therefore missed the summer court dates. Tenant also claimed that landlord failed to make repairs, so she had a potential meritorious defense.

Ferrab Realty LLC v. Aguilar: Index No. 30199/16, NYLJ No. 1202788436332 (Civ. Ct. Bronx; 5/1/17; Thermos, J)