Tenants Who Didn't File Hardship Declaration Can't Delay Eviction

Landlord sued to evict tenants for nonpayment of rent. The case was adjourned until May 2021 given COVID-19 pandemic closures, but an eviction warrant was then issued due to tenants' default and failure to file a Hardship Declaration before that date. Tenants later asked the court to delay or vacate the eviction warrant. They claimed that they filed the Hardship Declaration by fax, but provided no written confirmation. The court refused to vacate the default and denied a stay of the eviction. The court didn't receive tenants' Hardship Declaration despite many court appearance opportunities to do so. Tenants owed $113,000 in rent. The court stated that the CDC eviction stay order was a "regurgitation of a similar predecessor regulation" that had been ruled invalid by federal courts. Tenants also claimed that New York's ERAP law provided for a delay of the eviction proceeding, and they applied for rental assistance. The court found tenants were ineligible for ERAP funding since they weren't experiencing housing instability. Tenants owned a second home they could relocate to.

Abuelafiya v. Orena: Index No. LT-152-20/HU, 2021 NY Slip Op 21247, NYLJ No. 1632847513 (Dist. Ct. Suffolk; 9/17/21; Hackeling, J)