LP v. RAHKEEM SMITH (2025)

The petitioner, Henry Gardens LP, commenced this action against Jennitse Gonzalez and Rakim Smith, the respondents herein as a nonpayment proceeding, on October 21, 2024. Respondent Gonzalez filed an answer and a motion seeking a determination from the court with regards to a reasonable accommodation request pursuant to the Federal Fair Housing Amendments Act of 1988 (42 USC § 3601 et. Seq.) and New York State Human Rights Act, NY Exec. Law § 296 for payment of rental arrears over a 12-month period and a stay of the issuance of the warrant of eviction in this action pursuant to CPLR § 2201 and RPAPL § 749(3) and § 753. The petitioner did not file an opposition but after several court appearances a hearing was scheduled for April 3, 2025.

On April 3, 2025, both sides appeared for a hearing on petitioner's application. Petitioner was represented by J. Nelson Hood, Jr. of Hood, Hood & Hood, Esq. Respondent Jennitse Gonzalez was present and was represented by Mary Ellen Natale, Esq. of Counsel to the Legal Aid Society of Rockland County.

At the hearing and in the papers filed, the respondent provided proof of a medical emergency that occurred and resulted in an extended hospital stay and her inability to work for over three (3) months, provided affidavits of ongoing intervention services that her child is receiving and information regarding her ability to repay the rental arrears. Respondents' counsel contends that reasonable accommodation would not cause any undue financial burden on petitioners and there will be no fundamental alteration to petitioner collecting monthly rent payments.

Article 7 of the RPAPL allows a court to grant a stay under section 753. A stay can be granted for up to one year "if it appears that the premises are used for dwelling purposes, that the application is made in good faith" and "that the applicant by reason of other facts it would occasion extreme hardship to the applicant or the applicant's family if a stay were not granted."

Additionally, under CPLR § 2201 permits a stay "except where otherwise prescribed by law, the court in which an action is pending may grant a stay of proceedings in a proper case, upon such terms as may be just."

When determining whether to grant this stay and allow for a repayment period over 12 months this Court has considered many different factors including, 1. the serious illness of the respondent, 2. significant exacerbation of an ongoing condition, 3. a child's enrollment in a local school or any other extenuating life circumstances affecting the ability of the applicant or the applicants family to relocate and maintain a quality of life, 4. the length of the tenancy prior to this action, 5. any previous applications made to the Court, 6. Respondents ability to repay the arrears while paying the current rent and 7. any substantial hardship that may be imposed on a landlord in determining whether to grant a stay or in setting the length or other terms of the stay.

In reviewing respondents' requests the court is aware that this decision may set a standard or guideline for future cases. It is not a task taken lightly considering the effect it can have on future cases with comparable situations, even if the underlying facts are different.

Here the respondent who has resided at the premises for over 5 years has paid rent timely and did not fall behind until an emergency medical situation occurred. The respondent provided documentation of the medical issues that she faced as well as documentation of the ongoing treatments and appointments. Additionally, the respondent acted in good faith by applying for assistance from the Department of Social Services as her short-term disability was insufficient to provide for her family and pay for rent. After respondent was denied, she reapplied and was denied a second time. The respondent has made some payments to lessen the arrears and is confident that she can pay the current rent of two thousand six hundred sixteen dollars ($2,616.00) in addition to one thousand dollars ($1,000.00) monthly towards arrears.

This court finds that the respondent has made a reasonable attempt to lessen the arrears by making an application to the Department of Social Services and has also made payments in good faith. Additionally, the respondent has returned to work, and this would enable her to continue to make monthly rent payments, continue with medical treatment, and if she is allowed to stay her child would be able to have uninterrupted services. Additionally, the Court finds that this is an appropriate case to allow the tenant to pay arrears over an extended period.

Accordingly, the Court hereby grants respondents stay under the following conditions:

1. All rental payments in the amount of $2,616.00 commencing May 1, 2025 shall be made no later than the 5th of the month.

2. Any arrears over $12,000.00 shall be paid upon receipt of this order and in no event later than May 1, 2025.

3. One thousand dollars towards arrears shall be paid by the 15th of each month commencing May 15, 2025, and every month thereafter through April 15, 2026, until paid in full.

4. In the event of non-compliance, petitioner shall be entitled to the immediate issuance of a judgment possession, warrant of eviction and a money judgment for any unpaid arrears.

This constitutes the decision and order of the Court.

Dated: April 23, 2025

Garnerville, New York

So Ordered:

Ivonne S. Santos, J.