Tenant Safe Harbor Act Doesn't Apply to Rent Due Before March 7, 2020

Landlord sued to evict tenant for nonpayment of rent in July 2018. Landlord and tenant signed a settlement agreement that was approved by the court on March 11, 2020. Landlord later asked the court to grant it a judgment of possession because tenant hadn't complied with the settlement stipulation. Tenant argued in opposition that the NY State Tenant Safe Harbor Act, signed into law on June 30, 2020, provided that no judgment of possession may be entered and no warrant of eviction may be issued.

The court ruled for landlord in part. The court found that the Safe Harbor Act applied to rent that became due or owing beginning March 7, 2020, but that any rent that accrued or became due prior to that date wasn't covered by the act. So the act didn't apply to tenant's $17,000 rent arrears that had been due on March 1, 2020, when the settlement agreement was signed.

The court granted landlord a judgment of possession and issued an eviction warrant for nonpayment of that sum. But execution of the eviction warrant was stayed until Jan. 1, 2021. If tenant paid the $17,000 before Jan. 1, landlord could proceed with eviction. The court issued a separate money judgment only for an additional sum of $8,300 in rent that had become due since March 1, 2020.

1920 Walton LLC v. Bothwell: 2020 NY Slip Op 51261(U), Index No. 044910/18 (Civ. Ct. Bronx; 10/30/20; Weissman, J)