Judge Kimon Thermos

Landlord alleged tenant Aguilar breached a substantial obligation of her lease by failing to maintain her NYCHA Section 8 subsidy as she failed to provide access to complete necessary repairs, seeking to recover possession of the rent stabilized apartment in this holdover proceeding. After numerous adjournments, an inquest was held when respondents failed to appear entering a default judgment of possession against them. Aguilar moved to vacate the default judgment against her claiming a reasonable excuse in that she was allegedly disabled in need of a wheelchair and home attendant. She also alleged a meritorious defense in that petitioner failed to make repairs. The motion was denied as she failed to sufficiently provide a justifiable excuse or meritorious defense to her numerous prior defaults. Aguilar moved to renew or reargue the decision arguing she was homebound due to COPD and unable to leave home during hot or cold weather resulting in an inability to appear for the July and August dates, submitting medical documentation. The court granted renewal, and vacatur of the default judgment finding Aguilar sufficiently showed a reasonable excuse for her defaults and potential meritorious defense, directing the parties to appear for settlement, or traverse and trial.