Tenant Gets Extra Month to Vacate

Landlord sued to evict unregulated tenant of two-family house for nonpayment of rent. Landlord and tenant signed a settlement agreement that converted the case to a holdover proceeding. Tenant consented to entry of a judgment of possession, and execution of the warrant was stayed through Sept. 30, 2013. Tenant could get a one-month extension on eviction if he paid $1,240 by Sept. 20. This was tenant's current share of the rent after a Section 8 rent subsidy. Landlord waived $11,655 in back rent owed by tenant.

Tenant later asked the court for more time to move out. He claimed that landlord refused to sign documents from HPD needed to help tenant transfer apartments. Landlord argued that it didn't sign the forms because it would require a representation that tenant was current with his rent payments and in compliance with all lease agreements.

The court ordered landlord to sign the forms and to give tenant an extra month to move out, provided tenant paid use and occupancy. By the terms of the settlement agreement, tenant owed no rent. Whether that satisfied HPD's requirement that tenant be "current" was a matter between tenant and HPD. 

Parker v. Campbell: Index No. 66525/2013, NYLJ No. 1202626338853 (Civ. Ct. Queens; 11/6/13; Pinckney, J)