Is Occupant Entitled to Stay Based on Hardship Declaration?

January 25, 2022

LVT Number: #31818

Landlord sued to evict occupant from a cottage on his property. The occupant had filed a hardship application claiming financial and medical hardship. Landlord asked for a hearing on whether the occupant qualified for a hardship stay, since she paid no rent or utilities. Landlord claimed that occupant was a nonpaying licensee, not a tenant. The court noted that CEEFPA, as amended, broadly defined a tenant and granted a stay until Jan. 15, 2022, if a hardship declaration was filed.

Landlord sued to evict occupant from a cottage on his property. The occupant had filed a hardship application claiming financial and medical hardship. Landlord asked for a hearing on whether the occupant qualified for a hardship stay, since she paid no rent or utilities. Landlord claimed that occupant was a nonpaying licensee, not a tenant. The court noted that CEEFPA, as amended, broadly defined a tenant and granted a stay until Jan. 15, 2022, if a hardship declaration was filed. But landlord could challenge the rebuttable presumption that occupant was entitled to a stay, based on a good faith belief. So a hearing would be held to determine if occupant qualified.

Mintz v. Elton: Index No. LT20110047, 2021 NY Slip Op 21336, NYLJ No. 1639492857 (Town Ct. Somers; 12/2/21; McDermott, J)

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