Court Grants Extension of Eviction Date to Accommodate Occupant with Children

Landlord commenced a licensee holdover eviction proceeding to evict apartment occupants. Landlord described itself as a provider of a "scatter-site program" that provided supportive housing for homeless individuals who suffered from mental health issues and/or substance abuse. Landlord had sublet the apartment to a program participant who was now deceased, and claimed that the remaining unit occupants had no legal right to remain there. That was undisputed and, in November 2019, the parties signed a settlement agreement in court, granting a judgment of possession for landlord, with issuance forthwith of an eviction warrant, stayed through Feb. 29, 2020. The case was then delayed by the onset of the COVID pandemic in March 2020 and no further proceedings took place until March 2022, when landlord moved to restore the case for issuance of the eviction warrant. Through several stipulations, execution on the eviction warrant was stayed through Dec. 31, 2022. 

By late December 2022, one of the occupants requested a further stay of the eviction. She claimed that, despite diligent efforts, she had not yet found a new apartment for herself and children. She also cited medical issues for herself and her children. While sympathetic, landlord pointed out that occupant had agreed to move out three years earlier and that it needed the housing for waiting program participants. The court ruled for occupant, granting a further stay of execution of the warrant through May 31, 2023, in the interest of justice. The occupant had been paying monthly use and occupancy. 

Bailey House, Inc. v. Framer: Index No. LT-021239-19, 2023 NY Slip Op 30753(U)(Civ. Ct. Bronx; 3/16/23; Lutwak, J)