Tenant Ineligible for CEEFPA Protection May Seek Relief Under Tenant Safe Harbor Act

Landlord sued to evict rent-stabilized tenant for nonpayment of rent in August 2019. Landlord obtained a default judgment and issuance of an eviction warrant in October 2019 based on tenant's failure to answer the petition. Tenant filed an order to show cause (OSC) seeking to vacate the default in November 2019 and, now represented by an attorney, signed a settlement stipulation with landlord  merely delaying execution of the eviction warrant to Dec. 31, 2019, for payment of $4,038 plus current rent. The stipulation left the default judgment in place.

Tenant filed a second OSC on Jan. 31, 2020, seeking a further stay of the eviction warrant but again without seeking to vacate the judgment. The parties signed a second stipulation staying execution of the warrant to Feb. 28, 2020, for payment of some back rent plus February rent. Tenant defaulted on the second stipulation and an eviction notice was mailed to tenant on or about March 6, 2020. This was 10 days before the courts closed due to the COVID-19 pandemic on March 16, 2020.

When the courts reopened several months later, landlord filed a DRP-213 motion seeking permission to execute on the issued eviction warrant. Tenant then raised a defense under the Tenant Safe Harbor Act, which was signed into law on June 30, 2020, to prevent courts from issuing possessory judgments or eviction warrants during the COVID-19 pandemic based on nonpayment of rent that accrued or became due during the pandemic period for those who suffered financial hardship due to the pandemic. On the eventual April 13, 2021, court date, tenant made an additional request under CEEFPA, signed into law in December 2020, to vacate the default judgment. 

The court ruled against tenant on his CEEFPA request. Removal of the judgment under CEEFPA Part A, Section 7, would be inconsistent with the posture of this case since attorneys for both sides had signed two stipulations to delay execution on the eviction warrant after a pre-pandemic default judgment was issued without vacating the judgment. Landlord wasn't seeking here to obtain a default judgment or the authority to enforce one. Since the eviction warrant was issued before March 7, 2020, CEEFPA Part A, Section 8 applied and required a stay of execution on the warrant after the court held a status conference with the parties. However, the case was adjourned to Aug. 31, 2021, for a hearing to determine if tenant could obtain any relief under the Tenant Safe Harbor Act.  

2115 Wash. Realty v. Braxton: Index No. 36719/19, 2021 NY Slip Op 21183 (Civ. Ct. Bronx; 7/9/21; Tovar, J)