Landlord's Investigation of Tenant’s Military Status Insufficient

Landlord sued to evict tenant for nonpayment of rent. After tenant failed to answer or appear in response, landlord asked the court to be relieved of its obligation to file a sworn statement that tenant wasn’t in military service before entering a default judgment. Landlord’s agent stated that she was unable to determine whether tenant was in military service after making two attempts on sequential days to speak with tenant at the apartment, speaking with other tenants, and seeking other records. The court ruled against landlord, finding that its investigation into tenant’s military status was insufficient under the requirements of the Servicemembers Civil Relief Act. No one answered the door at tenant’s apartment when landlord’s agent visited, her statement didn’t identify other tenants who believed tenant wasn’t in the military, there was no statement as to how many times landlord had seen anyone enter or leave tenant’s apartment, and no records were identified.

229 West 113th Street, UHAB HDFC v. Lamb: Index No. 59150/2015, NYLJ No. 1202736130371 (Civ. Ct. NY; 8/10/15; Weisberg, J)