documentary evidence showing that the DSS check was dated before respondent was evicted and
testamentary evidence from respondent's social worker that she had attempted to get DSS to
release the check to the landlord.
Respondent was evicted on May 11, 2007. Previously, respondent requested a grant from the
HIV/AIDS Service Administration to cover the rent arrears. The request was approved, and
checks for the $499 were issued on May 7, 2007, but these checks were not tendered to the
landlord until after the eviction. Following his eviction, respondent petitioned the Court for
immediate access to the apartment to retrieve his medications. He was provided access to the
apartment on May 11, approximately three and one-half hours after the marshal took possession
of the apartment on petitioner's behalf. Upon entering the apartment, respondent found that the
landlord had been there before him and had smashed the toilet into pieces, had destroyed the sink
in the bathroom and the stove in the kitchen, and had ripped off the doors to the cabinets and to
the refrigerator.
On May 15, the return date of his OSC, respondent, now represented by counsel for the first
time, argued that his default on the stipulation was de minimis as well as inadvertent and [*2]that he should be restored to possession of the apartment. After
inquiry into all relevant facts, the Court agreed with respondent and restored him to the
apartment conditioned upon him paying reasonable attorney and marshal fees. Respondent was to
pay the fees by May 22, 2007.
Respondent timely tendered the fees but despite his compliance with the Court's order, he
was unable to re-occupy the apartment. Respondent filed an OSC dated June 7, 2007 in the HP