Because it is far from common to see a decision from the New York City Civil Court involving a landlord being held in both civil and criminal contempt of court, we thought it would be of interest to report on a very recent decision from the Civil Court, Bronx County presenting just such a case. In 729 Prospect Realty Service Corp. v. Rodriguez1 (Rodriguez) the court held that the landlord was in both civil and criminal contempt of court for what the court considered “an obvious and flagrant failure” to comply with prior court orders.
‘Rodriguez’
The facts as recited by the court in Rodriguez are as follows. The landlord, 729 Prospect Realty Service Corp., had commenced a summary non-payment proceeding against the tenant, Yaitza Rodriguez. In October 2015, the tenant, who had appeared pro se, entered into a stipulation with the landlord, which was “so-ordered” by the court, agreeing that she owed rent of $4,642.03, and consenting to a final judgment of possession for that amount, which the tenant agreed to pay (together with November rent) by Nov. 30, 2015. Tenant had represented that she was attempting to obtain rental assistance from the city’s Family Eviction Prevention Subsidy program.
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