Occupants Given Extended Time to Move Out Post-Judgment

Landlord sued to evict apartment occupants after tenant moved out. The court ruled for landlord, finding that occupants were licensees, not tenants. The court gave occupants five months to move out, provided they paid monthly use and occupancy as long as they remained in the apartment. They later asked the court to extend the stay period in accordance with amended Real Property Actions and Proceedings Law Section 753. Under the Rent Laws of 2019, this law now gave the court discretion to give tenants up to a year to move out after awarding landlord a judgment of possession. In this case, one of the occupants had breast and ovarian cancer and was undergoing radiation three days per week, as well as chemotherapy two days per week. The treatments were expected to last for three months. Occupant also had a blood-clotting disorder that complicated her treatment. And she had three young children. NYCHA was an "institutional landlord" that would suffer no hardship if occupants were allowed to remain in the apartment for an extended time. It was undisputed that they'd been paying monthly use and occupancy. The court stayed execution on the judgment and warrant through Jan. 31, 2020, to allow occupant to complete medical treatment.

NYCHA v. Jones: Index No. 15234/18, 2019 NYLJ LEXIS 3649 (Civ. Ct. NY; 9/25/19; Elsner, J)