Eviction Delayed While NYCHA Recalculates Rent

February 8, 2012

LVT Number: #23897

Landlord NYCHA sued to evict tenant for nonpayment of rent. The court ruled for NYCHA. Tenant then asked the court to vacate the judgment and warrant, and delay the eviction proceeding pending determination of her request to NYCHA to recalculate her monthly share of the rent. Tenant's income had changed in January 2011. NYCHA had reduced tenant's share of her rent effective July 2011 due to tenant's delay in submitting required documents. The court ruled for tenant, noting that NYCHA frequently lost or misplaced documents.

Landlord NYCHA sued to evict tenant for nonpayment of rent. The court ruled for NYCHA. Tenant then asked the court to vacate the judgment and warrant, and delay the eviction proceeding pending determination of her request to NYCHA to recalculate her monthly share of the rent. Tenant's income had changed in January 2011. NYCHA had reduced tenant's share of her rent effective July 2011 due to tenant's delay in submitting required documents. The court ruled for tenant, noting that NYCHA frequently lost or misplaced documents. The nonpayment case was stayed until NYCHA could make a final ruling on the effective date of tenant's rent recalculation.

3171 Rochambeau Ave LLC v. Santiago: Index No. 030635/2011, NYLJ No. 1202537449659 (Civ. Ct. Bronx; 12/21/11; Weissman, J)

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