Court Vacates Default Judgment Against Section 8 Tenant

Landlord sued to evict project-based Section 8 tenant for nonpayment of rent. Tenant didn't appear in court, so the court awarded landlord a judgment of possession and a money judgment for $2,683. Tenant later asked the court to vacate the default judgment. She claimed that her daughter was sick on the court date and that landlord should have reduced her rent because she wasn't working. The court ruled for tenant and reopened the case. Tenant had an excuse for her default based on her daughter's illness. Medical documentation wasn't required. And tenant had a potentially meritorious defense. She presented documents showing she had advised landlord of her job loss. And landlord had raised tenant's share of monthly rent from $88 to $389, even though she claimed she'd lost her job. The case was reopened for trial or settlement.

Boston Tremont Hous. Dev. Fund Corp. v. Torres: Index No. 23102/2019, 2020 NY Slip Op 50367(U)(Civ. Ct. Bronx; 3/25/20; Lutwak, J)