No Proof That FHEPS Application Was Being Processed

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a so-ordered settlement agreement in court in August 2022, giving landlord a judgment of possession and staying execution of the eviction warrant provided that tenant pay back rent plus ongoing rent by Oct. 31, 2022. At the time of settlement, tenant intended to apply for the Family Homeless Eviction Prevention Supplement (FHEPS) to pay her back rent and ongoing rent based on her eligibility for that assistance. Tenant failed to pay the agreed-upon rent arrears on time, and asked the court for a stay on the eviction warrant.

The court ruled against tenant, because more than three months had passed since payment was due and no information was given to the court regarding the status of the FHEPS application. The court had even scheduled a status conference during the warrant stay period to check on the FHEPS application, anticipating that there could be delays with obtaining government relief. But tenant failed to appear in court for that conference. And, despite court inquiries to the FHEPS program, no information had been provided as to whether tenant had a pending application. At this point, tenant's rent arrears were significantly more than the $20,000 maximum amount of arrears that would be paid through FHEPS. Under all the circumstances here, tenant didn't show "good cause" for a continued stay of eviction.

1106 Remsen Realty LLC v. Hayden: Index No. 311931/22, 2023 NY Slip Op 50102(U)(Civ. Ct. Kings; 2/15/23; Weisberg, J)