Tenants' Claim of Financial Hardship, Health Risks Delays Landlord's Recovery of Unit

Landlord obtained a building at a public auction, then sought a writ of assistance to remove tenants of one apartment. Tenants argued that the sale was made "subject to any rights of tenants or persons in possession," and asked the court to delay any writ or enforcement of any judgment against them. Tenants relied on the Governor's Executive Order 202.66. Landlord in turn asked for payment of use and occupancy from January 2021 forward, and for the period between March 1, 2020, and Dec. 21, 2020. Tenants claimed financial hardship and cited the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (CEEPFA). The court ruled for tenants, in part. Landlord's writ petition didn't constitute a foreclosure action under CEEPFA, and the law didn't provide for stays following execution of judgment. But tenants claimed financial hardship and significant health risks, and the case was put on hold until May 21, 2021. The court also wouldn't award and u&o without a hearing since tenants claimed that there were conditions and rent-impairing violations in the building.

NYCTL 2016-A Trust v. Neighborhood Youth & Family Servs. Inc.: Index No. 22074/2017, 2021 NY Slip Op 21023, NYLJ No. 1614101145 (Sup. Ct. Bronx; 2/5/21; Armstrong, J)