Eviction Warrant Improperly Issued

Landlord sued to evict month-to-month tenants in a holdover proceeding filed in State Supreme Court. Landlord had rented the apartment on condition that tenants would vacate within 30 days of notice that landlord had secured a buyer of the residence. Landlord extended the tenancy termination several times while tenants paid rent. Ultimately tenants failed to vacate when the extension ended, causing postponement of the closing. Landlord and tenant signed a settlement agreement and the court issued an eviction warrant effective Oct. 3, 2020, to be executed if tenants failed to vacate. When the Sheriff's Office later served tenants a 14-day eviction notice after tenants failed to vacate, tenants claimed that a new executive order by the governor suspended evictions.

The court ruled against tenants, who appealed and won. The appeals court noted that the Supreme Court had subject matter jurisdiction and could decide this summary holdover eviction proceeding. But the lower court improperly dismissed tenants' defense of financial hardship without taking any testimony or other evidence on that issue; the governor's executive orders prohibited enforcement of residential evictions, without any exceptions for holdover proceedings or warrants issued based on settlement stipulations; and, based on the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 enacted on Dec. 28, 2020, the eviction proceeding had to be stayed and the warrant couldn't be enforced. 

Matter of Cabrera v. Humphrey: App. No. 532247, 2021 NY Slip Op 00358 (App. Div. 3 Dept.; 1/21/21; Lynch, JP, Clark, Mulvey, Pritzker, Colangelo, JJ)