Tenant Can't Vacate Stipulation

Landlord not-for-profit housing corporation sued to evict tenant for chronic nonpayment of rent. The court ruled for landlord, but delayed execution of the eviction warrant for six months. Tenant was put on probation for this period---to see if she could pay her rent on time. The stipulation also required tenant to pay her her past-due rent within a short time. Tenant neither paid her past-due rent on time, nor paid the first and second month's rent by the stipulated date. Landlord asked the court to allow immediate eviction, given tenant's breach of their agreement. Tenant, in turn, asked the court to vacate the stipulation. Tenant claimed she'd now gotten assistance from the Department of Social Services (DSS), and could start paying her rent on time. The court ruled against tenant. Tenant was advised to get DSS assistance in early May. But she didn't apply for it until late July. Tenant claimed she had personal problems during this time, which caused her delay; but she didn't prove this. The stay remained in effect only through the end of the year, and only on the condition that tenant pay her rent on time until then.

Third Housing Company, Inc. v. Rivera: NYLJ, p. 26, col. 1 (11/24/93) (Civ. Ct. Queens; Spires, J)