Court Gives Tenant More Time in Chronic Nonpayment Case

Landlord sued to evict tenant for chronic nonpayment of rent. The parties signed a settlement agreement in court. When tenant breached the agreement to pay $6,250 by a certain date, landlord got a judgment of possession and a money judgment. Landlord and tenant then signed a second settlement agreement by which landlord agreed to extend the time for tenant to pay post-judgment arrears for a month and another 20 days to pay the $6,250. Tenant failed to pay but asked the court to delay eviction. The court ruled against tenant, who appealed and won. Tenant applied to several charitable organizations for assistance and eventually received a commitment letter for the full amount of the arrears. Given tenant's diligence in pursuing assistance, the long-term nature of her tenancy, and the particular terms of the settlement agreement, tenant should have been given more time to comply.

Bushwick Properties LLC v. Wright: NYLJ, 2/1/12, p. 26, col. 4 (App. T. 2 Dept.; Pesce, PJ, Weston [dissenting], Steinhardt, JJ)