Landlord Questions Tenants' Hardship Declaration in Eviction Proceeding

Landlord sued to evict tenants who received monthly rental assistance payments from HUD under a program requiring them to submit annual income recertifications. Landlord had sent tenants a notice to cure, and later a termination notice based on the failure to recertify, which violated program rules and was a material noncompliance with their lease. Tenants filed a Hardship Declaration but failed to appear on other court dates. Landlord then asked the court to strike the Declaration and restore the case to the court's calendar based on tenants' failure to prove existence of financial hardship.

The court denied landlord's motion to strike because there were questions of fact. But the only evidence supporting hardship was the Declaration although failure to recertify didn't mean tenants didn't suffer a financial hardship due to the COVID-19 pandemic. The court did grant landlord's request to restore the case to the court calendar. The CEEFPA stay in effect at the time of landlord's motion was neither absolute nor absolved tenants from the requirement to appear in court proceedings. 

Cromwell Towers Apts LP v. Cordero: Index No. LT1793-20, NYLJ No. 1631205282 (City Ct. Westchester; 8/9/21; Shako, J)