Landlord Improperly Obtained Default Judgment and Eviction

Landlord sued to evict tenant co-op shareholder for nonpayment of monthly maintenance. Tenant never answered or appeared in housing court. Landlord then sought a default judgment and issuance of an eviction warrant. The court granted landlord's request, and tenant was evicted. Tenant's wife then asked the court to vacate the judgment, restore tenant to possession, and impose sanctions on landlord. In court landlord and tenant's wife agreed to vacate the judgment and warrant, restore tenant's wife and nieces to possession, and dismiss the nonpayment proceeding.  But tenant's wife still sought sanctions. She claimed that tenant died in 2007 at the apartment, that she herself also was a tenant shareholder and that landlord knew that her nieces lived in the apartment. The wife also stated that she had paid all maintenance due and never received any notice of arrears due. Landlord claimed that no sanctions were warranted. But landlord's managing agent admitted to robo-signing the nonmilitary affidavit submitted in support of landlord's default judgment request. That affidavit made no mention of the fact that the deceased tenant would have been 90 years old if alive. And landlord didn't deny the claim that it knew tenant had died. The court ordered that a hearing be held to allow landlord to explain its actions, before ruling on whether landlord and its attorneys engaged in frivolous conduct and whether sanctions were called for.

Turin Housing Development Fund v. Suarez: 40 Misc.2d 1221(A), 2013 NY Slip Op 51257(U) (Civ. Ct. NY; 8/1/13; Kraus, J)