Some of Tenant's Rent Arrears Severed from Judgment of Possession under TSHA Program

Landlord sued to evict tenant for nonpayment of rent totaling over $40,000. Tenant and landlord, each represented by attorneys, settled the case. Tenant agreed he owed $49,649, to be paid by Oct. 31, 2023. After that amount remained unpaid in November 2023, landlord filed a motion to restore the case for a judgment. The parties entered further stipulation, and tenant agreed to pay $53,197 plus January rent by Jan. 31, 2024, while reserving any defense under the New York Tenant Safe Harbor Act (TSHA). When the parties returned to court again, tenant claimed that, under TSHA, and due to financial hardship she suffered, the court should sever from any possessory judgment the amount of unpaid rent that accrued during the TSHA "COVID-19 covered period."

The court agreed and ruled for tenant in part. The court granted landlord a judgment of possession and a money judgment for $40,014 after subtracting funds tenant was granted under the ERAP program. An additional money judgment for $13,868 for rent owed for the 11-month TSHA period was severed from the other money judgment issued in connection with the judgment of possession.

Intervale Ave II Assoc LP v. Martinez: Index No. 319834/2023, 2024 NY Slip Op 50851(U)(Civ. Ct. Bronx; 7/8/24; Lutwak, J)