Tenant Can Vacate Judgment

Landlord NYCHA sued tenant for unpaid rent in the sum of $1,000. Landlord and tenant agreed in court that tenant would pay just $600 in several installments. The agreement also stated that landlord could send tenant a notice of default for a higher amount if tenant didn't make the agreed-upon payments. If tenant didn't pay after such notice, landlord could get a judgment. Tenant made most of the payments due under the agreement. In July 1997 landlord sent tenant a default notice because tenant still owed $20. Tenant ignored the default notice because she thought she had paid in full. In April 1998, landlord got a judgment against tenant for the rest of the full $1,000 it originally claimed was due. Tenant asked the court to vacate the judgment. The court ruled for tenant. Landlord's notice of default was too vague. It didn't tell tenant how much must be paid to avoid a judgment, how much had been paid, or how much was still owed. Landlord also delayed unreasonably for nine months between the time it sent the default notice and the time it entered judgment. Judgment for the full amount due was also unnecessarily harsh in this case since tenant owed landlord only $20.

NYCHA v. Smith: NYLJ, p. 29, col. 5 (2/1/99) (Civ. Ct. NY; Ling-Cohan, J)