Court Won't Delay Eviction Case Against Unregulated Tenant Based on Pending HP Proceeding

Landlord sued to evict unregulated tenant in a three-family house after sending a 60-day termination notice to tenant at the apartment. The notice was sent by conspicuous place service after attempts at personal service were made. Tenant asked the court to dismiss the case. She claimed that landlord knew she wasn't living in the apartment at the time of service because she had been illegally locked out by landlord at that time. She also sought permission to answer the petition. The court granted tenant permission to answer landlord's petition, which landlord didn't object to. The court denied tenant's request to dismiss the case. There was never a finding by a court that tenant had been locked out illegally, and the parties never stipulated that tenant had in fact been illegally locked out. The Fire Dept. had broken the apartment door to gain access, but landlord had never changed the locks. The court also denied tenant's request for a delay of the eviction proceeding because she had brought an HP proceeding against landlord that included a harassment claim. Tenant was unregulated, her lease had expired, and she hadn't paid rent in some time.

Powell v. Jones: Index No. L&T 311520-2021, 2022 NY Slip Op 50537(U)(Civ. Ct. Bronx; 6/15/22; Ibrahim, J)