Jenkins Portfolio Cos. LLC v. Grant

DECISION/ORDER In March 2020, just a few days before the start of the Covid-19 pandemic emergency in New York, petitioner obtained a default judgment and warrant in this summary nonpayment proceeding upon respondent’s failure to answer. Before the court at this time is petitioner’s motion pursuant to DRP 213 for leave to execute on the warrant. Respondent has made an oral and email request to vacate the default judgment and warrant under Section 7 of the EEFPA, which was recently extended through August 31, 2021. Petitioner has filed an affirmation of counsel arguing that Section 7 is not applicable to cases in which a warrant has already issued. The court disagrees. Section 7 reads, in pertinent part, “If a default judgment has been awarded prior to the effective date of this act, the default judgment shall be removed and the matter restored to the court calendar upon the respondent’s written or oral request to the court…” The effective date of the act was December 28, 2020. This language seems to leave the court no discretion about vacating any default judgment entered prior to December 28, 2020 upon respondent’s request. And obviously if the judgment is vacated, the warrant must be vacated as well. Petitioner’s argument that Section 7 applies only to default judgments in cases where no warrant has been issued is not persuasive. Typically, the court issues the default judgment and warrant simultaneously, so such a reading would render this portion of Section 7 all but superfluous. Rather, the court reads the section to express the Legislature’s intent to insure that tenants are not evicted on default during the pandemic period except in the narrowest of circumstances. Accordingly, the default judgment and warrant are vacated on respondent’s request. The petition is amended to date. Petitioner’s motion under DRP 213 is denied. Because the respondent has filed a hardship declaration, the case will remain off the court’s calendar until after August 31, 2021. The parties are free to attempt to resolve the case during this period, and the court certainly hopes that they will make that effort. Dated: May 5, 2021