This nonpayment eviction proceeding against a Rent Stabilized tenant was
commenced by Notice of Petition and Petition dated November 25, 2019 seeking rent arrears of
$11,799.36, comprised of a balance of $1872.66 for June 2019 plus $1985.34 per month for July
2019 through November 2019. Upon Respondent's failure to answer the petition the court entered
a default possessory judgment and issued a warrant of eviction on January 29, 2020. On March 2,
2020 Respondent filed an Order to Show Cause (OSC) seeking to calendar the case, vacate her
default and permit her to file an answer. In her supporting affidavit Respondent asserted
nonreceipt of the Notice of Petition and Petition, that receiving the City Marshal's eviction notice
was how she first learned about this case and that she needed time to pay the arrears.[FN1]
The court signed Respondent's OSC, made it returnable March 13, 2020 and then adjourned it to
April 30, 2020. Due to the COVID-19 pandemic Respondent's OSC did not get re-calendared
until it was scheduled for a virtual appearance on October 28, 2021, with notice to both sides.
Respondent's OSC was adjourned three times, each time with notice mailed to Respondent, and
tried to reach her by telephone at numbers provided by Petitioner. On February 14, 2022
Respondent's OSC was denied for failure to appear.
After receiving a City Marshal's eviction notice Respondent filed a second OSC, again
asserting in her supporting affidavit that she did not receive the Notice of Petition and Petition
and first learned about the case by receiving the Marshal's notice. She also stated, "Citi FEPS and
welfare are helping me. At least they were making payments as of 3/2020." The court signed the