Court Grants Delay Without Ordering Rent Deposit

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a court-ordered settlement agreement granting judgment to landlord, but delaying eviction while giving tenant a chance to pay the back rent owed. Tenant later got an attorney who claimed that the judgment amount was incorrect. Tenant claimed that DSS paid rent directly to landlord, and that certain amounts weren't reflected. Tenant wanted time to get DSS records. Tenant also claimed that her Section 8 subsidy was improperly terminated, and she was appealing that decision. Tenant asked the court to delay the case. Landlord claimed that no delay should be permitted without a rent deposit. Tenant owed more than $7,000. The court ruled against landlord. The court still had discretion to delay execution of an eviction warrant for good cause and without a rent deposit.

D.U.3rd Realty Co. v. Wilson: NYLJ, p. 31, col. 4 (10/27/99) (Civ. Ct. Kings; Thomas, J)