Hearing Needed on Tenant's Safe Harbor Act Defense

Landlord sued to evict tenant for nonpayment of rent in 2018. Landlord and tenant signed a settlement agreement that gave landlord a money judgment for $8,301 in back rent. An eviction warrant was issued, and the agreement also contained a "current rent" provision. Landlord later asked to execute on the eviction warrant based on tenant's breach of the stipulation. Tenant, in turn, asked the court to vacate the judgment and dismiss the case based on payments made to date. The court found that tenant was in violation of the settlement agreement, but the Tenant Safe Harbor Act (TSHA) allowed tenant to raise financial hardship during the COVID pandemic as a defense to landlord's request to execute on the pre-March 7, 2020, warrant. The court found that tenant adequately set forth her defense but she hadn't presented admissible proof and landlord objected. So landlord's request to execute on the eviction warrant was granted subject to the outcome of a hearing to be held concerning tenant's TSHA defense.

111-50 Realty Corp. v. Melgar: 2020 NY Slip Op 20348, NYLJ No. 1609887700 (Civ. Ct. Queens; 12/23/20; Guthrie, J)