Tenant's Post-Eviction Request to Vacate Default Denied

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The court ruled for landlord based on tenant’s failure to appear in court and issued an eviction warrant. Ten days later, tenant asked the court to vacate the default judgment and claimed that certain repairs were needed. Tenant offered no excuse for her default. Tenant also claimed that some payment of rent arrears was made. The court ruled against tenant after tenant failed to make a court appearance. The court also ruled against tenant’s subsequent second request to excuse her default after she failed to appear on the court date. Tenant was evicted, and tenant then made a third post-eviction request to vacate the default and restore her to possession.

The court ruled against tenant based on her failure to serve her court papers on landlord. A person who had occupied the apartment with tenant who claimed to be tenant’s husband and who had been evicted with her then made a fourth request to vacate the default. The court held a hearing and ruled against tenant and her husband. The court found no good cause was shown to vacate the default. A substantial portion of the rent arrears remained unpaid and there was no proof that tenant or her husband had applied to HRA for rent payment assistance until after they were evicted. By the time of the court’s hearing, there was still no approval from HRA for a one-shot deal. There also was a lengthy history of other unexplained defaults in this case. 

Gora Realty, LLC v. Croker: 54 Misc.3d 1202(A), 2016 NY Slip Op 51820(U) (Civ. Ct. Bronx; 12/27/16; Lutwak, J)