Tzifil Realty Corp. v. Mazrekaj

• Decision Date: 14 June 2021
• Docket Number: 89035/19
• Citation: 72 Misc.3d 748,150 N.Y.S.3d 865
• Parties: TZIFIL REALTY CORP., v. Hassan "Andy" MAZREKAJ, Respondent.
• Court: New York Civil Court

72 Misc.3d 748
150 N.Y.S.3d 865

TZIFIL REALTY CORP.,
v.
Hassan "Andy" MAZREKAJ, Respondent.

89035/19

Civil Court, City of New York, Kings County.

Decided on June 14, 2021

Attorney for Petitioner: Felipe E. Orner, Esq., Philip Orner C.P.A. Attorney At Law, 7229 137th St, Flushing, NY 11367

Attorney for Respondent: Humbert Wong, Esq., Brooklyn Legal Services, 105 Court St Fl 4, Brooklyn, NY 11201

Heela D. Capell, J.

The Decision and Order on this motion is as follows:

Tzifil Realty Corp. ("Petitioner") commenced this holdover proceeding against Hassan "Andy" Mazrekaj ("Respondent"), seeking possession of 922 East 15th Street, Apt. 1C, Brooklyn, NY 11230 ("Premises") on the grounds that Petitioner terminated Respondent's employment as superintendent of the subject building. On December 28, 2020, while the proceeding was pending in the Resolution Part, the Governor signed the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020, L. 2020, c. 381 ("CEEFPA") into law. CEEFPA initially stayed all summary

150 N.Y.S.3d 866

proceedings through May 1, 2021 for certain occupants of real property who filed a "Hardship Declaration" with the Court pursuant to Part A, § 6 of CEEFPA. CEEFPA was subsequently amended to extend this stay through August 31, 2021. (2021 NY SB 6362.)

This proceeding was transferred to Part O for trial on May 11, 2021. On that day, this court held a pre-trial conference with the parties and adjourned the proceeding for trial. On May 12, 2021, Respondent filed a Hardship Declaration, pursuant to CEEFPA, and checked the box corresponding to the following declaration:

"A. (x) I am experiencing financial hardship, and I am unable to pay my rent or other financial obligations under the lease in full or obtain alternative suitable permanent housing because of one or more of the following:

1. Significant loss of household income during the COVID-19 pandemic.

2. Increase in necessary out-of-pocket expenses related to performing essential work or related to health impacts during the COVID-19 pandemic.

3. Childcare responsibilities or responsibilities to care for an elderly, disabled, or sick family member during the COVID-19 pandemic have negatively affected my ability or the ability of someone in my household to obtain meaningful employment or earn income or increased my necessary out-of-pocket expenses.

4. Moving expenses and difficulty I have securing alternative housing make it a hardship for me to relocate to another residence during the COVID-19 pandemic.

5. Other circumstances related to the

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