Court Grants No Additional Time to Occupant to Vacate Low-Income Housing

Landlord sued to evict apartment occupant after rent-stabilized tenant moved out in 2016. Landlord and occupant settled the case in court. Occupant agreed to move out by May 31, 2017, and later the court granted occupant's request to extend the vacate date to June 30. Occupant later asked for a further extension, claiming that new accommodations she found wouldn't be available until Sept. 1. The court ruled against occupant. There were no special circumstances warranting extension of occupant's time to move out, and landlord had waived past "use and occupancy" as part of the settlement agreement. The building also was subject to a regulatory agreement between landlord and the New York City Housing Development Corporation to house low-income tenants. So, presumably, there was a waiting list for the apartment and occupant's failure to move out as agreed caused hardship to others waiting for housing at the building.

Citywide Preservation LLC v. Roberts: 56 Misc.3d 1210(A), 2017 NY Slip Op 50934(U) (Civ. Ct. Kings; 7/27/17; Weisberg, J)