Judge Michael Pinckney
Landlord Parker commenced this non-payment action, which was converted by stipulation into a holdover proceeding, alleging the premises was an unregulated, private two-family dwelling. Tenant Campbell received a Section 8 subsidy, and in the stipulation consented to an entry of judgment of possession and a stay of the execution of warrant with an option for an extension. In consideration of the final date, Parker waived $11,655.85, representing Campbell’s share of the rent. Campbell sought an extension of time arguing Parker refused to sign the necessary documents from HPD to facilitate Campbell obtaining a transfer. Parker declined to sign a release form that required a representation that Campbell was “current” with rent payments and in compliance with all lease agreements. While the stipulation conditionally waived any arrears, Parker was hesitant to sign the documents which noted Campbell was “current” with rent payments. The court stated as long as Campbell made required payments and complied with the stipulation, she owed no arrears, noting Campbell tendered payment due in October. It stated upon payment, the terms of the stipulation remained in full force and effect, thus if Parker failed to sign the release form, Campbell may restore for appropriate relief.
