85 Misc 3d 131[A] [App Term, 1st Dept 2025]), no appellate [*4]court that this court is aware of has made that a factor
sine qua non.
Accordingly, it is ORDERED that the motion is granted as set forth below; and it is
further
ORDERED that upon payment of both $34,903.00 in DSS checks and rent for April
2025 by April 30, 2025, Respondent shall be restored to legal possession of the premises
and the warrant deemed vacated (Respondent already tendered the certified bank checks
reference above for $4,300.00 in open court); and it is further
ORDERED that Petitioner may re-execute the warrant of eviction if it does not
receive the DSS checks totaling $34,903.00 and rent for April 2025 by April 30, 2025,
provided that Petitioner must first notify Respondent and file proof of such notification
on NYSCEF if it does not receive the DSS checks by April 15, 2025.
This is the court's decision and order.
Dated: April 10, 2025
Michael L. Weisberg, JHC
Footnotes
Footnote 1: The record reveals
nothing out of the ordinary in the procedural history of the proceeding. Almost every
tenant in Housing Court is dependent on the Department of Social Services to pay their
rent arrears. Delays or difficulties with obtaining a "timely" response from DSS are well
known. So are stories of tenants waiting at their local "income support center" or on hold
with DSS for hours and hours, as well as complaints that DSS has denied applications
and told tenants that it never received their application documents despite those
documents having been uploaded via the DSS "Access" smartphone application, or DSS
requiring a tenant to get a renewal lease (which only serves to increase the rent), when
the tenant is rent-stabilized. Viewed from this perspective, and especially because DSS