Landlord Sanctioned for Ordering Notice of Eviction from Marshal

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in November 2018. Tenant agreed to pay back rent plus current rent by Dec. 31, 2018. In April 2019, a warrant of eviction was issued. In May 2019, tenant filed an order to show cause stating that rents were paid through May 2019. The court vacated the judgment and warrant, and the case was discontinued through May 2019. Landlord later told the marshal to issue an eviction notice for additional unpaid rent through September 2019. Tenant filed another order to show cause. The court pointed out that the judgment and warrant had been vacated in May 2019. Landlord's error could have led to an illegal eviction. The court found landlord's conduct frivolous and imposed sanctions in the amount of $50 for every one of the 160 days that landlord didn't notify the marshal that the warrant was vacated. The total sanction was $8,000, reduced by the court to $4,000 because landlord was part of a public housing authority. Landlord was ordered to credit tenant's rental account the $4,000.

NYCHA, Sedgwick Houses v. Scott: 2019 NY Slip Op 51916(U), Index No. 810861/18 (Civ. Ct. Bronx; 11/22/19; Sanchez, J)