Default Judgment and Eviction Warrant Vacated Under CEEFPA

Landlord sued to evict tenant for nonpayment of rent and obtained a default judgment against tenant in March 2020. Landlord later asked the court for permission to execute on the eviction warrant. Tenant now appeared and asked the court to vacate the default judgment and warrant based on Section 7 of the CEEFPA, which was extended through Aug. 31, 2021. Landlord argued that this provision was inapplicable to cases where the warrant was already issued.

The court disagreed and ruled for tenant. CEEFPA Section 7 stated that the court had no discretion to vacate a default entered before Dec. 28, 2020, when CEEFPA became effective. But the court interpreted this provision to indicate the Legislature's intent to ensure that tenants weren't evicted on default during the pandemic period except in the narrowest of circumstances. The court vacated the default judgment and warrant, and the case would remain off calendar until Aug. 31, 2021, since tenant filed a hardship declaration. 

Jenkins Portfolio Cos. LLC v. Grant: Index No. 73223, NYLJ No. 1620755904 (Civ. Ct. NY; 5/5/21; Schneider, J)