Westchester Court Applies CEEFPA Stay to Protect Occupant Who Wasn't Tenant

Landlord sued to evict tenant in a holdover proceeding, and asked the court for an order directing tenant to post escrow and to pay ongoing use and occupancy. Landlord also asked the court for a judgment of possession and issuance of an eviction warrant.

An apartment occupant appeared in court and said she lost her job due to the COVID-19 pandemic and needed time to move out. The court granted a judgment and warrant for landlord but also granted occupant a stay on consent by landlord. Tenant then filed a Hardship Declaration, but landlord moved to strike, arguing that tenant had moved out and that his signature was forged. Landlord also argued that the Hardship Declaration didn't protect the apartment occupant because she was a licensee, not a tenant protected  under CEEFPA.

The court ruled against landlord. Landlord didn't demonstrate that tenant had moved out. And the occupant who did appear in court fit the definition of a tenant as a "lawful occupant" under the CEEFPA. Landlord also failed to allege grounds to strike the Hardship Declaration under the CPLR. Because a Hardship Declaration had been filed, the case was automatically stayed until Aug. 31, 2021.

LSA Realty Corp. v. Hammonds: Index No. LT1563-20, NYLJ No. 1627417539 (City Ct. Westchester; 7/21/21; Best, J)