Court Orders Hearing on Landlord's Challenge to Tenant's Hardship Declaration

Landlord sued to evict tenant in late 2019 through a "no cause" holdover proceeding after serving a 30-day tenancy termination notice. Landlord and tenant signed a so-ordered settlement stipulation, granting landlord a final judgment of possession, warrant to issue forthwith, with execution on the warrant stayed to Feb. 29, 2020. Tenant didn't move out by that date, and before the Marshal requisitioned issuance of the eviction warrant, all nonessential court proceedings were shut down by NY Executive Order and AO 63/20 on March 16, 2020. In late 2020, landlord made a motion to obtain issuance of the eviction warrant (a "DRP-213" motion). Before the case was calendared, the CEEFPA was enacted with a further extension of the eviction moratorium and a Hardship Declaration provision for tenants. Tenant filed a Hardship Declaration and, after state law was revised to permit landlord to challenge the Hardship Declaration, landlord requested a hearing to challenge tenant's claim.

The court ruled for landlord, and ordered a hearing be held in the near future. Landlord's motion papers were sufficient to warrant granting the relief sought. Landlord's attorney had observed tenant in uniform at his place of employment during a virtual court appearance. Another tenant also submitted a sworn statement that she observed tenant in a work uniform and believed that tenant lived elsewhere and was subletting the apartment. This was enough to require a hearing to determine the validity of tenant's hardship claim.

Hernandez v. Vasquez: Index No. 50483/2019, 2021 NY Slip Op 51034(U)(Civ. Ct. Bronx; 11/3/21; Lutwak, J)