Eviction Delayed to Give 94-Year-Old Tenant More Time to Relocate

Landlord sued to evict 94-year-old tenant. Landlord and tenant signed a settlement agreement in court. Tenant agreed to move out in six months, and landlord waived back rent and use and occupancy for the period that tenant remained in the apartment. The court issued an eviction warrant, although execution of the warrant was delayed in accordance with the settlement agreement. Shortly before tenant was supposed to move out, he asked the court to delay the eviction. The New York City Department for the Aging appeared in support of tenant and said it was trying to find new housing for tenant. Landlord argued that the court could not delay the eviction beyond the six months that tenant had already been granted. The court ruled for tenant. While it is customary for the court to delay the execution of eviction warrants for no more than six months, the law does not bar additional delays beyond six months. To avoid forcing tenant into a shelter, the court delayed the eviction until Feb. 28, 2007, and ordered tenant to pay $2,000 in use and occupancy.

Errigo v. Diomede: NYLJ, 1/31/07, p. 23, col. 1 (Civ. Ct. Kings; Heymann, J)