Judge Frances A. Ortiz

Read Full-Text Decision

Rent stabilized tenant Payne settled this chronic nonpayment holdover proceeding with a stipulation that granted landlord a final judgment of possession with execution of the warrant of eviction stayed for 18 months provided Payne timely paid her rent. Payne sought multiple stays of execution, and was granted several orders staying execution of the eviction warrant. Yet, several orders to show cause by Payne for a stay of execution were also denied as the court found she defaulted on the stipulation by failing to pay arrears and ongoing use and occupancy. A new stipulation was executed extending the probationary period, but Payne again defaulted, and sought orders to stay execution of the warrant, and vacatur of the judgment and warrant. Landlord argued Payne’s own statements and untimely payments, admitted she did not, and does not have an ability to pay monies owed without availability of a third party. The court found Payne repeatedly failed to comply with unambiguous terms of two stipulations and six court orders, concluding she engaged in an ongoing pattern of failing to timely pay her rent. It noted her status as a disabled, senior citizen were factors in granting stays, but only granted a stay through Oct. 15, 2017 to allow Payne to “vacate with dignity.”