Drax Realty Corp. v. Johnson
| Decision Date | 03 June 2022 |
| Docket Number | Index No. 063847/19 |
| Citation | 2022 NY Slip Op 31622 (U) |
| Parties | DRAX REALTY CORP., Petitioner-Landlord, v. TRACY JOHNSON, Respondent-Tenant. |
| Court | New York Civil Court |
DECISION/ORDER
Anne Katz, J.H.C.
Petitioner moves this court for an Order permitting the execution of the warrant in the above referenced proceeding and respondent cross-moves to vacate the Judgment of Possession and the warrant of eviction, reinstate her tenancy and dismiss the proceeding.
This is a summary holdover proceeding predicated upon allegations that the respondent's behavior constitutes a "nuisance". Petitioner commenced this proceeding pursuant to a 7 Day Notice of Termination dated April 12 2019. A trial commenced on October 29, 2019 and lasted several days. After trial, this Court issued a Decision and Order, dated January 16, 2020, which held that petitioner had proved that respondent's conduct rose to the level of nuisance. The Court granted petitioner a Judgment of Possession with issuance of the warrant forthwith and execution stayed sixty days. On February 10, 2020, the warrant was issued to Marshal Bia. However, due to the onset of the Covid-19 pandemic, petitioner alleges that it was unable to proceed on the warrant of eviction and evict respondent. Therefore, it now moves this current to permit execution of the warrant of eviction.
In opposition to petitioner's motion and in support of its cross-motion, respondent argues that the judgment of possession must be vacated and her tenancy reinstated. Respondent argues that she is entitled to a reinstatement of her tenancy because, after the conclusion of the trial, in or about November 19, 2019, petitioner offered her a two year renewal lease which was fully executed. Moreover, in November 2021, after issuance of the warrant of eviction to Marshall Bia on February 10, 2020, petitioner offered her another renewal lease which was signed in or about November, 2021. After respondent signed the second renewal lease, petitioner applied to NYCHA, as the administrator of the Section 8 voucher program, for an increase in respondent's rent subsidy. The request for the increase in respondent's rent subsidy was based upon the last renewal lease offered to respondent. Petitioner's request for a subsidy increase was granted by NYCHA effective March 1. 2022. According to the terms of the NYCHA Administrative Plan, prior to an approval of an increase in subsidy under Section 8, it is incumbent upon the landlord to provide NYCHA with a copy of the valid renewal lease.
To counter respondent's argument in its cross-motion petitioner argues that it was obligated to offer respondent her renewal leases pursuant to NY Rent Stabilization Law §2523.5. Petitioner also argues that it was required to offer the renewal leases because a warrant of eviction had not issued. Had the warrant of eviction issued petitioner conceded it would have cancelled the landlord-tenant relationship between the parties and created an exception to its obligation to offer a renewal lease. Petitioner also attached affidavits of complaining tenants to its motion which alleged the respondents nuisance behavior has continued and they fear for their safety.
Although petitioner alleged that a warrant of eviction had not issued and therefore they were obligated to offer respondent a renewal lease as required by NY Rent Stabilization Law §2523.5, this is incorrect. At the time that respondent signed the second renewal lease, in or about November 2021, a warrant of eviction had been issued to Marshal Bia on February 10, 2020 and a landlord-tenant relationship between the parties no longer existed. Therefore, it is clear that once the landlord-tenant relationship was terminated petitioner was not required to offer respondent the second renewal lease. Although petitioner did not return the second renewal lease to respondent, it is clear...
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