Landlord Can't Garnish Tenant's Salary to Satisfy Rent Judgment

Landlord sued to evict tenant after her lease expired. Landlord and tenant signed a settlement agreement in court that gave landlord entitlement to a money judgment for $10,250 in unpaid rent and use and occupancy. Landlord sought to enforce the judgment by garnishing tenant’s salary. Tenant then asked the court to stay enforcement of the garnishment because there was a prior garnishment on her salary in effect from the Department of Education for an unpaid student loan. The wage garnishment for the student loan began in May 2014, before landlord’s judgment was entered, and the amount garnished was 10 percent of tenant’s salary. The court ruled for tenant. By law, tenant’s salary couldn’t be garnished more than 10 percent. So tenant’s employer couldn’t further garnish her wages to satisfy landlord’s judgment until either the student loan was paid off or tenant’s salary increased so that both debts could be covered within the statutory limit.

Manor Road Management v. Livingstone: Index No. L&T 53684/15, NYJ No. 1202761038320 (Civ. Ct. Staten Island; 6/28/16; Straniere, J)