Eviction Warrant Vacated When HRA Paid Tenant's Back Rent

June 22, 2021

LVT Number: #31476

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant settled the case. Tenant agreed to a final judgment and to pay arrears to avoid eviction. Landlord later filed a DRP 213 motion for permission to execute on the eviction warrant. Tenant asked the court to vacate the judgment and warrant and to dismiss the case because tenant had paid all the back rent. Landlord argued that checks by HRA that tenant tendered weren't earmarked and couldn't be credited to tenant's account.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant settled the case. Tenant agreed to a final judgment and to pay arrears to avoid eviction. Landlord later filed a DRP 213 motion for permission to execute on the eviction warrant. Tenant asked the court to vacate the judgment and warrant and to dismiss the case because tenant had paid all the back rent. Landlord argued that checks by HRA that tenant tendered weren't earmarked and couldn't be credited to tenant's account.

The court disagreed and ruled for tenant. The HRA rent arrear checks were clearly earmarked to be applied to rent accrued before Jan. 31, 2021, and the judgment was satisfied. 

Rosewall Gardens Assocs. v. White: Index No. 38906/2019, NYLJ No. 1621516429 (Civ. Ct. Bronx; 5/14/21; Bacdayan, J)

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