Eviction Warrant Vacated After Guardian Appointed for Tenant

Landlord sued to evict tenant for nonpayment of rent. The housing court appointed a guardian ad litem (GAL) for tenant. The parties signed a court-ordered settlement agreement in 2017, which included a money judgment for landlord in the amount of $9,900, representing all rent due through July 2017. Issuance of the eviction warrant was briefly stayed until August 2017, and the settlement stipulation permitted tenant to seek a rent adjustment.

Later, in January 2018, a separate court appointed an Article 81 guardian for tenant. The permanent guardian then asked the housing court to vacate the settlement agreement because tenant didn't authorize her GAL to sign it and because tenant had meritorious defenses. Tenant sought a rent adjustment based on breach of the warranty of habitability and claimed the judgment amount had been paid.

The court ruled for tenant and vacated the judgment because the judgment amount had been paid in full. Real Property Actions and Proceedings Law Section 749(3), as it existed prior to enactment of HSTPA, applied to the case since it was started before June 14, 2019. Under that law, the issuance of the eviction warrant in August 2017 annulled the parties' landlord-tenant relationship. But the court retained power to vacate the warrant prior to execution for good cause shown.

Tenant's full payment of the back rent owed, even after the warrant was issued, was good cause to vacate the eviction warrant. The settlement agreement also contained no provision governing current rent. 

NYCHA-Ravenswood Houses v. Odlum: Index No. L&T12496/16, 2020 NY Slip Op 50540(U)(Civ. Ct. Queens; 4/21/20; Guthrie, J)