3905 Assoc. v. Clark, 2022-22110

CourtNew York Civil Court
Writing for the CourtSHORAB IBRAHIM, JHC
Parties3905 Assoc. LLC, Petitioner, v. Roland Clark, Respondent.
Docket NumberIndex 44588-2019,2022-22110
Decision Date13 April 2022

3905 Assoc. LLC, Petitioner,
v.

Roland Clark, Respondent.

No. 2022-22110

Index No. 44588-2019

Civil Court of the City of New York, Bronx County

April 13, 2022


Roland Clark, Respondent Pro-Se

Trudy McKenzie, Esq., Attorney for Petitioner.

SHORAB IBRAHIM, JHC

This non-payment proceeding was commenced by petition dated November 8, 2021. Respondent Roland Clark (Clark) answered in late November. After appearing at scheduled court dates on December 15, 2021, January 20, 2021, February 24, 2022 and March 10, 2022, respondent failed to timely appear on April 8, 2022.

Civil Court Directives and Procedures 222 (DRP-222), which became effective January 16, 2022, states that "No judgment or warrant will be issued on default without a motion by petitioner for such relief." It has been broadly applied with the court requiring a compliant motion no matter when or under what circumstances the default occurs.

Defaults in Housing Court are of two varieties. A respondent can default by never answering the petition or appearing, or by failing to appear after having done so. (see Scherer and Fisher, Residential Landlord-Tenant Law in New York § 15:9 [2021 Update]).

In the Housing Court, where a respondent defaults in not answering (and not appearing), entry of judgment is not automatic. Rather, an application is made through the clerk's office and, upon proper papers, a judgment is issued [by the court]. (see 367 East 201st Street LLC v Velez, 31 Misc.3d 281, 288-289, 917 N.Y.S.2d 814 [Sup Ct, Bronx County 2011]; Sella Propers. V DeLeon, 25 Misc.3d 85, 890 N.Y.S.2d 254 [App Term, 2nd Dept 2009]). However, when an answer is filed and a matter is noticed for trial, (see RPAPL § 745(1); Hognestad v Rabideau, 55 Misc.3d 977, 979, 53 N.Y.S.3d 824 [City Court, Albany County 2017]), the court may enter the default judgment upon respondent's failure to appear, without the intermediary application to the clerk's office. (see Scherer and Fisher, Residential Landlord-Tenant Law in New York § 15:9 [2021 Update];

Since the DRP does not differentiate between the types of defaults, the reasonable inference is that it applies to both kinds.

DRP-222 was issued when many eviction protections for residential occupants expired [on January 15, 2022] with the sunset of Chapter 417 of the Laws of 2021, the successor to the COVID-19 Emergency Eviction and Foreclosure Prevention Act (CEEFPA). (L. 2020, Ch. 381; see generally, Sanchez-Tiben v Washington, 73 Misc.3d 721, 723-724, 155 N.Y.S.3d 741 [Civ Ct, Bronx County 2021]). [1]

Among the important functions of DRP motions...

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