Tenant Excused from Default

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court that gave landlord a judgment of possession and rent arrears totaling $3,600. Tenant agreed to pay the back rent due by a certain date or face eviction. Tenant later was evicted after failing to make payments. Tenant asked the court to vacate the default and restore him to possession. The court ruled for tenant. Landlord appealed and lost. After signing the settlement agreement, tenant promptly sought emergency rent relief from the Human Resources Administration (HRA). When HRA denied his initial application, tenant immediately sought relief from a charitable organization. Tenant got some funds from the charity, and HRA approved the balance upon reapplication for the rest of the arrears. Given the terms of the settlement agreement, the long-standing tenancy, and tenant's diligence during the short period of time that it took to get the money, the housing court properly exercised its discretion by restoring tenant to possession on the condition that he pay the full back rent due and owing.

Einhorn v. McCloud: NYLJ, 12/7/10, p. 26, col. 2 (App. T. 1 Dept.; Hunter, JP, McKeon, Shulman, JJ)