Tenant Diligently Sought HRA Rental Assistance

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a probationary settlement agreement in court. Tenant was later evicted for failing to make payments of back rent as promised in the agreement. The court then granted tenant’s request to restore her to possession of the apartment. Landlord appealed and lost. After tenant signed the settlement agreement, she promptly and diligently applied to the NYC Human Resources Administration (HRA) for emergency rent relief. When HRA delayed payment, tenant made substantial payments to landlord from personal funds. In light of tenant’s diligence during the short period of time at issue, and the harmful effects of eviction on tenant’s three young children, the lower court properly exercised its discretion by restoring tenant to possession upon her payment of the full rent arrears due.

1240 Sheva Realty Assoc. LLC v. Ramos: 51 Misc.3d 143(A), 2016 NY Slip Op 50692(U) (App. T. 1 Dept.; 5/4/16; Lowe III, PJ, Schoenfeld, Shulman, JJ)