Unemployed Tenant Who Got Large Settlement Couldn't Rely on Hardship Declaration

Landlord sued to evict tenants for nonpayment of rent. Landlord questioned the validity of a Hardship Declaration filed by tenants. The court ruled for landlord after holding a hearing. One tenant had applied for SSDI caused by non-COVID-related illness and her lack of income, after her business terminated. Her situation was exacerbated by providing care to her elderly parents. A co-tenant was employed full time and earned $800 a week. Another co-tenant had no work since 2020 due to COVID shutdowns. But one of the tenants had received $389,000 in settlement of a prior lawsuit. So she had the financial ability to pay rent due, or to pay the cost of moving. And since that tenant's responsibility for rent payment was joint-and-several, no financial hardship could be found for any of the three tenants. The court found the Hardship Declaration invalid and ruled that the eviction proceeding could go forward. 

Russo v. Kiefer: Index No. 21050217, 2021 NY Slip Op 21285, NYLJ No. 1638302742 (Town Ct. Newburgh; 10/25/21; Clarino, J.)