Landlord Who Disputes Tenant's Hardship Declaration Can Conduct Pre-Trial Questioning

Landlord sued to evict rent-stabilized tenant, claiming that tenant violated his lease by causing damage to the unit, failing to keep the unit clean, and exceeding occupancy limitations in violation of the parties' lease, Yonkers City Code Section 58-21(A), and the ETPA. Tenant filed a Hardship Declaration, which resulted in a stay of the proceedings. Landlord asked the court for permission to conduct pre-trial questioning concerning tenant's income during and prior to the COVID-19 covered period as well as to restore the nuisance case to the court's calendar and conduct a default hearing.

The court ruled for landlord in part, and granted discovery on tenant's hardship declaration claim. But the court wouldn't restore the case to the calendar on the nuisance claim because landlord failed to show that tenant intentionally caused damage to the property or persistently and unreasonably engaged in such behavior. The court did set the matter down for a default hearing.

Cliff Prop. Inc. v. Vega: Index No. LT-4842, NYLJ No. 1644911332 (Yonkers City Ct., 1/3/22; Velasquez, J)