Tenant Excused from Payment Delay in Eviction Case

Landlord sued to evict rent-stabilized tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay the back rent owed plus $1,000 for landlord's attorney's fees within one month. The settlement agreement also noted that tenant gave landlord an approval from the Human Resources Administration (HRA) authorizing payment of arrears for tenant and a 10-day delay. Landlord later sought eviction based on tenant's failure to pay the arrears by the due date. Tenant asked the court to delay eviction. Tenant pointed out that she paid her portion of the back rent and attorney's fees. She was waiting for HRA to issue funds for the balance. The court ruled for tenant. Landlord appealed and won. The appeals court noted that the settlement agreement stated that "time is of the essence." Tenant then appealed and won. Tenant's default was largely the result of HRA's delay in making payment on tenant's behalf. A low-income, rent-stabilized tenant who has lived in an apartment for 30 years shouldn't be evicted under these circumstances. Tenant made diligent efforts to comply with the settlement agreement.

2246 Holding Corp. v. Nolasco: NYLJ, 6/23/08, p. 25, col. 2 (App. Div. 1 Dept.; Mazzarelli, JP, Andrias, Williams, Renwick, JJ)