Judge Michael Weisberg

Tenant Monroe was evicted after she defaulted in paying rent arrears required by the parties settlement agreement in this nonpayment summary eviction proceeding. She moved for restoration of possession. Monroe indicated she applied to DSS for assistance with the rental arrears and was assured they would be made. Yet, no payments were forthcoming before the stipulation deadline, and she was evicted one day before receiving a DSS check for the arrears amount. The court stated, in view of the circumstances, it exercised its discretion to grant Monroe's motion finding, as the Appellate Term recently did, this was a long term tenancy in which Monroe, who was deaf, and thwarted on several attempts to seek a stay by the lack of sign language interpretation services available at the courthouse, made diligent attempts to secure funding to pay the arrears. It ruled that upon payment of the arrears, including June rent, legal and marshall fees, Monroe would be restored to possession of the apartment and the warrant of eviction vacated. The court stated while re-letting of the premises was stayed, such stays were vacated upon a failure to make timely payment in accordance with the subject decision.