Deceased Super's Domestic Partner Gets Stay of Eviction Under CEEFPA

Landlord sued to evict its building's former superintendent after terminating the super's employment. The parties settled the case in court in December 2019, giving landlord a final judgment of possession with an eviction warrant stayed until Feb. 15, 2020. The eviction warrant was issued to the marshal on Feb. 7, 2020, but on Feb. 14, 2020, the court signed an Order to Show Cause granting the super more time while he made good faith efforts to relocate. Execution on the warrant was stayed through March 31, 2020. But on March 17, 2020, courthouse operations were halted and became limited due to the COVID-19 pandemic.

Landlord subsequently made three requests seeking to execute on the eviction warrant. The first request was denied on Aug. 12, 2020, based on procedural defects. In response to landlord's second request, an occupant described as the super's "longtime partner" appeared. The super had died in September 2020. Landlord agreed to stay execution on the warrant through April 30, 2021. Landlord filed a third request for execution on the eviction warrant in April 2021. In response, the occupant filed a Hardship Declaration. She also claimed that the super was also a tenant and that she had succession rights, although she didn't specifically seek succession. She only sought stay of the eviction through Aug. 31, 2021, although she claimed that she was listed as the tenant in DHCR apartment registrations from 2015 through 2018. Landlord argued that neither the super nor the occupant ever paid rent or use and occupancy for the unit and that she had settled any tenancy claims in her December 2020 court stipulation with landlord.

But the court agreed with occupant that she was covered by the definition of "tenant" in the COVID-19 Emergency Eviction and Foreclosure Prevention Act (CEEFPA), which included a "lawful occupant of a dwelling unit." There was no proof that she was an intruder or squatter but had been permitted to live in the apartment by the super. She was entitled to a stay of the eviction warrant to Aug. 31, 2021.

Morrison Mgt. LLC v. Moreno: Index No. L&T 45112/19, 2021 NY Slip Op 50528(U)(Civ. Ct. Bronx; 6/2/21; Lutwak, J)