Tenant Can't Get Delay of Eviction

June 30, 2006

LVT Number: 18938

Landlord NYCHA sued to evict apartment occupant after tenant died. Landlord claimed that occupant had no permission to remain in the apartment. Landlord and occupant signed a settlement agreement in court. The agreement gave landlord a judgment of possession and delayed execution of the eviction warrant for six months. A year later, occupant asked the court for another delay until a hearing was held on his remaining-family-member claim to the apartment. The court ruled against occupant. Occupant had already stayed in the apartment six months beyond the end of the delay period.

Landlord NYCHA sued to evict apartment occupant after tenant died. Landlord claimed that occupant had no permission to remain in the apartment. Landlord and occupant signed a settlement agreement in court. The agreement gave landlord a judgment of possession and delayed execution of the eviction warrant for six months. A year later, occupant asked the court for another delay until a hearing was held on his remaining-family-member claim to the apartment. The court ruled against occupant. Occupant had already stayed in the apartment six months beyond the end of the delay period. The question of occupant's status as a remaining family member had been pending for three years, and occupant took no steps during this time to appeal NYCHA's decision.

NYCHA v. Witherspoon: NYLJ, 6/21/06, p. 28, col. 1 (Civ. Ct. Kings; Heymann, J)

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