Scott Mollen, Partner at Herrick, Feinstein LLP

Landlord-Tenant—COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (CEEFPA) Does Not Protect Tenants Who Engaged in Nuisance Conduct—Conduct of Profiteering Rent-Stabilized Tenant 'Not To Be Condoned by Permitting Tenant To Remain After the Fraud Has Been Found Out'—Tenant Failed to Establish Reasonable Excuse for Default

In November 2020, a plaintiff landlord had been awarded, on default, a judgment of ejectment based on the tenant's "use of the premises for short term rentals during the COVID-19 pandemic, which damaged the premises and put other tenants at risk of contracting COVID-19." The tenant sought to vacate the judgment of eviction and to be restored to possession.

The tenant submitted an affidavit wherein he stated that he lived in the subject apartment for approximately 20 years as a rent-stabilized tenant. He had been evicted from the premises while he was "detained at Buffalo Federal Detention Facility." He had initially been detained by Immigration and Customs Enforcement in August 2018. The holdover proceeding had been stayed. While detained, he had been transferred to Florida because of "mental health issues." He thereafter contracted COVID-19 in April 2020 while at the Buffalo facility. He asserted that it was difficult to "send and receive mail." He returned to the general population in November 2020. He did not remember when he first received the summons and complaint. He claimed that he had never received "any notices prior to the commencement of this proceeding stating that he would be evicted."

In April 2021, he was released from the Buffalo facility. He stated that he was surprised to find that his keys to the apartment no longer worked and there were signs posted on his front door from the sheriff's office.