Tenant Must Be Restored to Possession

Landlord sued to evict rent-stabilized tenant in a building under a Housing Assistance Payments (HAP) contract for violating a substantial obligation of her tenancy by failing to recertify with NYCHA Section 8. The court ruled for landlord based on tenant’s default after conducting an inquest, and tenant was evicted. Tenant then asked the court to vacate the default judgment and restore her to possession. The court ruled for tenant. The eviction proceeding never should have been started because tenant’s Section 8 subsidy was never terminated or suspended for failure to recertify. There were therefore no grounds for the eviction proceeding, and this was a meritorious defense. Tenant also presented a credible and reasonable excuse for her non-willful defaults because she had fallen ill while visiting her children in Virginia. The case was dismissed, and landlord must restore tenant to possession.

Greenstone 26 LLC v. Woods: Index No. 13050/2016, NYLJ No. 1202774523396 (Civ. Ct. Bronx; 12/6/16; Lutwak, J)