Tenant Showed Good Excuse for Missed Court Date

February 14, 2018

LVT Number: #28199

Landlord sued to evict rent-stabilized Section 8 tenant for nonpayment of rent. The court ruled for landlord based on tenant's failure to appear in court. Tenant then asked the court to vacate the judgment and excuse her default. The court ruled for tenant and reopened the case. Tenant showed a reasonable excuse for her default. She arrived at the courthouse one day late due to confusion about the appearance date, and never failed to appear again after that. Landlord failed to demonstrate any willful default or prejudice to landlord.

Landlord sued to evict rent-stabilized Section 8 tenant for nonpayment of rent. The court ruled for landlord based on tenant's failure to appear in court. Tenant then asked the court to vacate the judgment and excuse her default. The court ruled for tenant and reopened the case. Tenant showed a reasonable excuse for her default. She arrived at the courthouse one day late due to confusion about the appearance date, and never failed to appear again after that. Landlord failed to demonstrate any willful default or prejudice to landlord. Tenant also had many meritorious defenses and showed that she owed landlord only $78. And landlord can't pursue a nonpayment proceeding against tenant for monies owed under Section 8 by DSS. 

Harborview Properties I, LLC v. Valentin: 58 Misc.3d 1214(A), 2018 NY Slip Op 50104(U) (Justice Ct. White Plains; 1/22/18; Orden, J)

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