Tenant Has Defense and Valid Excuse for Default

June 30, 2011

LVT Number: #23495

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's failure to appear or answer the petition. Tenant later asked the court to vacate the judgment and warrant, claiming that she had a valid excuse for the default and a meritorious defense. The court ruled for tenant. Tenant had to recertify her income and claimed there were delays. She told landlord, who said everything appeared to be proper. Tenant assumed this meant that the nonpayment petition was a mistake.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's failure to appear or answer the petition. Tenant later asked the court to vacate the judgment and warrant, claiming that she had a valid excuse for the default and a meritorious defense. The court ruled for tenant. Tenant had to recertify her income and claimed there were delays. She told landlord, who said everything appeared to be proper. Tenant assumed this meant that the nonpayment petition was a mistake. Landlord didn't address this claim in response to tenant's request to reopen the case. In addition, landlord didn't follow required procedures for terminating the tenancy after tenant's rent subsidy was revoked. The default judgment and warrant were vacated.

Prospect Heights Associates v. Gonzalez: Index No. 104610/2010, NYLJ No. 1202497885672 (Civ. Ct. Kings; 5/23/11; Lau, J)

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