Family of Former NYCHA Resident Police Officer Gets Extra Time to Move Out

November 27, 2016

LVT Number: #27343

Landlord NYCHA sued to evict employee resident police officer’s lease after his employment was terminated. Landlord, the employee, and employee’s wife signed a settlement agreement. Employee and his wife agreed to move out by Dec. 31, 2015, but only the employee left. His wife and daughters remained and asked the court to delay eviction to give them more time to relocate. Landlord argued that the court couldn’t give the employee’s wife more than six months to move out.

Landlord NYCHA sued to evict employee resident police officer’s lease after his employment was terminated. Landlord, the employee, and employee’s wife signed a settlement agreement. Employee and his wife agreed to move out by Dec. 31, 2015, but only the employee left. His wife and daughters remained and asked the court to delay eviction to give them more time to relocate. Landlord argued that the court couldn’t give the employee’s wife more than six months to move out. The court ruled for the wife, since she had lived in the apartment for 15 years and had paid use and occupancy. The six-month extension that the court can generally give is a matter of tradition and custom, and further extension can be granted in exceptional circumstances.

 

 
NYCHA - Gowanus Houses v. Encarnacion: Index No. L&T14005/15, NYLJ No. 1202770648813 (Civ. Ct. Kings; 9/15/16; Chinea, J)

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