Scott Mollen Realty Law Digest
Scott E. Mollen, a partner at Herrick, Feinstein, discusses 'Piscionere v. Gori,' 'Gutnick v. Jacobson,' and 'Alir Inc. v. Jiminez.'
March 02, 2021 at 02:07 PM
20 minute read
Landlord-Tenant—Tenant's Testimony at Trial Was "Evasive" and "Incredible" Since the Law Permits Landlords To Rebut Financial Hardship Claims, But Not Claims of Significant Health Risk, the Court Had No Choice But To Accept Tenant's "Bald Hardship Declaration" Asserting an Underlying Medical Condition Which Increased the Risk of Severe Illness or Death from COVID-19—Landlord Not Permitted To Rebut Such Assertion Even Though Tenants Own Large Home in Neighboring City to Which They Can Move and Have Significant Income, Court was Constrained to Stay Execution of the Warrant of Eviction
A landlord filed a petition in December 2019, seeking possession of real property. A trial concluded on November 4, 2020. The court issued its decision on Dec. 11, 2020. The court granted the landlord's petition for warrant of eviction (warrant). However, the court stayed execution based on the Tenant Safe Harbor Act (TSHA) until Jan. 1, 2021. On or about Dec. 22 or 23, 2020, the warrant was served upon the tenants with notice that the warrant would be executed on Jan. 20, 2021.
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