Court Excuses Tenant's Default on Agreement to Cure Chronic Nonpayment of Rent

Landlord sued to evict rent-stabilized tenant for chronic nonpayment of rent. Landlord claimed that it had to start six nonpayment proceedings against tenant between 2012 and 2015. Landlord and tenant signed a settlement agreement in court giving landlord a judgment of possession and issuance of an eviction warrant. But these were stayed on condition that tenant paid her rent by the 10th day of each month between December 2015 and May 2017. Landlord agreed to give tenant a five-day notice to cure any default. Tenant defaulted three times in less than a year and, after the third time, asked the court to stop landlord from going forward with eviction.

The court ruled for tenant. Tenant’s defaults didn’t arise from a general inability to pay rent. Each default resulted from specific circumstances, including medical complications, a workplace accident, and delay in obtaining assistance from a charitable organization for rent payment. Tenant had paid most of her rent arrears and had taken action to obtain funds. Given that circumstances were beyond tenant’s control and were promptly cured, the court excused tenant’s default and stopped the eviction.

Ocean H LLC v. Roland: 54 Misc.3d 1222(A), 2017 NY Slip Op 50274(U) (Civ. Ct. NY; 3/3/17; Wesiberg, J)