Eviction Warrant Vacated Under CEEFPA Despite Default Judgment Based on Nuisance

Landlord sued to evict rent-stabilized tenant and her adult son for creating a nuisance in her apartment. In November 2019, tenant and landlord signed a court-ordered settlement agreement. In September 2019, the court also conducted an inquest and granted a default judgment against tenant and her son. The COVID-19 pandemic then led to a stay of all evictions in mid-March 2020.

In August 2020, landlord requested permission under DRP-213 to execute on the eviction warrant. The court ruled for landlord on Dec. 2, 2020, after tenant's son again defaulted, and delayed execution on the eviction warrant until Dec. 22, 2020. The tenant had died by this point. The court notified Adult Protective Services (APS), and the son then filed an order to show cause to stop the eviction. He claimed that he was depressed over tenant's death and had diabetes. The son then obtained legal counsel, who asked the court to remove the default judgment against the son, who now sought relief under the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (CEEFPA).

Landlord argued that the CEEFPA didn't apply to this case because it involved claims of nuisance conduct by both tenant and her son on an ongoing basis. The eviction warrant had been issued before March 7, 2020, after an inquest based on nuisance behavior by tenant and her son.

The court ruled for the son, finding that the CEEFPA exemption didn't apply because the court's original ruling was based on a default judgment. The CEEFPA also didn't limit default judgment provisions only to those judgments granted in or after March 2020. The default judgment and eviction warrant against the son were vacated. The case was adjourned for a conference with the parties and APS.

Ketcham Assoc. LLC v. Gil: Index No. 69181/18, 2021 NY Slip Op 30780(U)(Civ. Ct. Queens; 2/5/21; Guthrie, J)