NSA 2015 Owner LLC v Moore

Synopsis

In this nonpayment proceeding, the court denied the landlord's motion to restore the case for a final judgment and warrant of eviction as moot. The landlord alleged the tenant breached a settlement stipulation. However, the tenant had fully complied by paying the agreed-upon arrears through HRA. The court clarified that Private Housing Finance Law (§) 610 permits rental subsidy programs to pay rents exceeding the legal regulated rent without increasing the tenant's share. Consequently, landlords cannot seek a possessory judgment against a tenant for these PHFL § 610 charges in a summary proceeding. The proceeding was dismissed.