Court Vacates Judgment and Eviction Warrant in Nonpayment Case

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court and tenant agreed to pay back rent by a certain date. The court later granted tenant's request to extend the time to complete payment. Tenant then obtained an attorney and made a second request to vacate the judgment and eviction warrant, and to submit an answer and counterclaim to landlord's petition. The court ruled for tenant and reopened the case. Tenant had potentially meritorious defenses based on breach of the warranty of habitability and rent overcharge. When tenant moved into the apartment in 2018, the rent was increased substantially based on claimed individual apartment improvements (IAIs) and tenant paid a preferential rent. Tenant raised questions about the IAIs. And landlord had admitted in the settlement agreement that repairs were needed, which may warrant a rent abatement.

57 Elmhurst, LLC v. Williams: 65 Misc.3d 1221(A), 2019 NY Slip Op 51778(U) (Civ. Ct. Queens; 11/1/19; Guthrie, J)