Accordingly, respondent's motion is granted and the proceeding shall remain stayed until such time as all vacate orders are lifted for respondent's apartment, on condition that respondent pays her monthly rent by the 10th of each month, although March 2024 rent shall be paid by March 22, 2024.[FN2] As the parties agree that respondent's rent is currently reduced to $1.00 per month by the Division of Housing and Community Renewal (DHCR) as a result of the fire, that shall be the monthly amount required to be paid, subject to any further DHCR orders affecting the rent while the stay remains in effect. While RPAPL 755 (2) refers to deposit of rents with the clerk, due to the nominal amount now required to be paid by DHCR, the court will direct respondent to pay the rents directly to petitioner or petitioner's attorney in the interest of expediency. Upon default in any payment, petitioner may seek to restore the case by motion brought by order to show cause. Upon the vacate orders being lifted, either party may seek to restore the case by motion or stipulation of both parties. If a motion or stipulation is filed on NYSCEF (New York State Courts{**83 Misc 3d at 759} Electronic Filing System), counsel shall notify the court of the same by email to qn-housing-403@nycourts.gov.
As the motion is granted pursuant to RPAPL 755, the court does not reach the alternative request pursuant to CPLR 2201. This decision/order will be filed to NYSCEF.
Footnotes
Footnote 1:The court has taken judicial notice of the vacate order (No. 246545) dated December 27, 2023, on the DHPD website pursuant to Multiple Dwelling Law § 328 (3).