Aaron Hermon, Petitioner, v. Linda Lawrence, Respondent. (2024)

Procedural History

After a hearing on the merits on April 19, 2024, the Court issued a warrant of eviction with an execution date of May 4, 2024, although an administrative error put July 31, 2024 as the earliest execution date. The Court fixed this nunc pro tunc on the record on May 30, 2024. Also, on April 19, 2024, the Court stayed the warrant of eviction conditioned on the Respondent making monthly rent payments. Counsel for Petitioner filed an application to vacate the stay based on the Respondent's non-compliance and the matter proceeded to a hearing on May 30, 2024.

Facts

It is undisputed that the Respondent failed to comply with the terms of the stay issued on April 19, 2024.

Issue

The issue in this case is what is the appropriate remedy for the Respondent's non-compliance with the warrant of eviction.

Relevant Law

RPAPL § 753 allows for a stay upon a showing of an extreme hardship. Giving the Respondent a second chance is completely a matter of this Court's discretion.

Analysis

Although the Court could require payment in full of the $9,000 judgment in past due rent, the fact that the Respondent has lived at the premises for 17 years coupled with the limited rentals available in the local community as well as her representation that she has the funds to pay the ongoing monthly rent are sound reasons for the Court giving the Respondent another chance. Accordingly, the Court will vacate the stay issued on April 19, 2024, but issue another stay until July 31, 2024, conditioned on the Respondent's payment of $1,500 by June 5, 2024, as well as an additional payment of $750 by July 5, 2024.

Although it should be obvious from the circumstances, the $1,500 and $750 payments are for current and prospective rent and should not be applied against the $9,000 past due rent which has been reduced to judgment. Additionally, the $1,500 and $750 do not create a new tenancy as those payments would only delay the inevitable — a warrant of eviction that will be executed on or before July 31, 2024.

Order

Therefore, it is hereby ORDERED:

1. The stay of warrant of eviction of this Court dated April 19, 2024, shall be vacated;

2. The warrant of eviction dated April 19, 2024, shall be stayed until July 31, 2024, conditioned on Respondent's payment of $1,500 by June 5, 2024, as well as an additional payment of $750 by July 5, 2024.

3. The Petitioner may apply on notice to the Defendant to vacate the stay if she does not pay according to the schedule.

This is the Decision and Order of the Court.

Dated: May 30, 2024

Little Falls, New York

Joshua P. Bannister

Little Falls City Court Judge

Joshua P. Bannister, J.