Eviction Warrant Vacated in Nonpayment Proceeding

Landlord sued to evict Section 8 tenant, who failed to pay his portion of subsidized rent for two months. The court ruled for landlord based on tenant's default, but later reopened the case. Tenant got a commitment from the Westchester DSS to pay the unpaid rent, but landlord wouldn't provide a W-9 form and proof of a tax identification number needed to complete the paperwork. Landlord then obtained a second judgment and warrant based on tenant's nonpayment. Tenant, now represented by an attorney, asked the court to vacate the eviction warrant. The court ruled against tenant, who appealed and won. Given tenant's age, long-term tenancy, absence of prior history of nonpayment, the DSS commitment to pay his full rent arrears, the warrant should be vacated. In addition, since landlord receives project-based Section 8 assistance, governing regulations state that landlord shall not interfere with efforts of tenants to obtain rent subsidies or other public assistance.

Monastery Manor v. Donati: 2010 NY Slip Op 51335(U), 2010 WL 2990128 (7/22/10) (App. T. 2 Dept.; Nicolai, PJ, LaCava, Iannacci, JJ)