Civil Court of the City of New York, Bronx County, March 2, 2021

Borah Goldstein Altschuler Nahins & Goidel P.C., New York City, for petitioner.

The decision/order on the motion is granted for the following reason(s):

Petitioner obtained a judgment after inquest on October 22, 2019. Respondent obtained an order to show cause returnable March 2, 2020, which stayed execution of the warrant to April 1, 2020, by stipulation executed on March 2, 2020. Pursuant to Civil Court of City of New York Directive and Procedure 213 (1) (B) (eff Aug. 12, 2020) and Administrative Order of the Chief Administrative Judge of the Courts AO/160A/20 the petitioner's motion to execute the warrant of eviction during the COVID-19 pandemic was granted on November 19, 2020. Petitioner has since been stayed from executing the warrant in accordance with the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (CEEFPA) (L 2020, ch 381). Petitioner restored the matter to the court's calendar by emergency order to show cause returnable February 10, 2021. Respondent failed to appear. The court sent postcards and a Microsoft Teams invite for March 2, 2021, and again respondent failed to appear.

CEEFPA (L 2020, ch 381, § 3) part A, § 9 (2) allows for the execution of a warrant where

"[i]f the court has awarded a judgment against a respondent prior to the effective date [Dec. 28, 2020] of [*2]this act on the basis of objectionable or nuisance behavior, the court shall hold a hearing to determine whether the tenant is continuing to persist in engaging in unreasonable behavior that substantially infringes on the use and enjoyment of other tenants or occupants or causes a substantial safety hazard to others."

As a preliminary matter, no hardship declaration has been filed and 60 days have elapsed since the effective date (Dec. 28, 2020) of CEEFPA. For the purposes of this status conference, the court shall interpret part A, § 9 (2) "continuing to persist in engaging in unreasonable behavior" as behavior that occurs after the effective date of the act.

The results of the hearing/status conference are as follows:

Petitioner first called Edgar Ramirez to testify. He is a tenant who has resided in the apartment directly below the subject premises for the past 13 years. Mr. Ramirez testified that two weeks ago, the week of February 15, 2021, two leaks occurred{**71 Misc 3d at 704} in his apartment resulting in the collapse of his bathroom and kitchen ceiling. Mr. Ramirez testified that the leaks ran for two days straight. Mr. Ramirez states that the Fire Department attempted to gain access during the two days but was unsuccessful. Mr. Ramirez stated that the leaks have been an ongoing issue for the past four to five years. These leaks have caused his ceiling to collapse on several occasions. Mr. Ramirez also testified that for the past two weeks he has continuously heard loud music, running and loud noise emanating from the subject premises at all hours of the day. Mr. Ramirez describes his building as a quiet building with the subject premises being the exception.

Next the petitioner called Sindy Martinez, an agent for the petitioner for the past two years. Mrs. Martinez's testimony corroborated the previous testimony regarding the leaks that occurred within the last two weeks. Mrs. Martinez testified that another leak began yesterday, March 1, 2021, in Mr. Ramirez's bedroom. Mrs. Martinez testified that the Fire Department has been called to the subject premises on several occasions to address these leaks. Mrs. Martinez testified that the Fire Department and the superintendent have consistently found the source of the leak, including the most recent one, to be open faucets in the kitchen and bathtub of the subject premises.

Mrs. Martinez testified that on January 24, 2021, at approximately 3:00 a.m., occupants of the subject premises broke glass in the lobby door in order to gain access to the subject building. Mrs. Martinez testified that she was able to determine the culprits of this incident through the indoor surveillance system. Prior to damaging the lobby door, Mrs. Martinez states that occupants of the subject premises were attempting to gain access by ringing every tenant's intercom button in order to gain access. She testified that she has 27 affidavits from tenants of the subject building complaining about the leaks, noise and behavior of the occupants of the subject building. Mrs. Martinez testified that out of the 27 tenants only Mr. Ramirez was willing to testify for fear of retaliation from the respondent. Mrs. Martinez testified that the occupants of the subject premises have consistently opened the mailboxes of the tenants in building. She states it most recently occurred on March 1, 2021. She states that while several tenants have complained about the mailboxes none are willing to press charges.

Petitioner called Leandro Lopez, the superintendent of the subject building to testify. Mr. Lopez testified that he has been{**71 Misc 3d at 705} the superintendent of the subject building for two years and is familiar with the respondent. He stated that he has not seen the respondent in the subject building for several months and that he does not know who the occupants of the subject premises are. He states that different unknown individuals have been seen entering and exiting the subject premises. Mr. Lopez testified that for the past few months and ongoing, occupants of the subject [*3]premises have been observed stealing packages from the tenants of the building. Mr. Lopez stated that he gained access to address the most recent leak and discovered the source to be an open kitchen faucet pouring water into a sink full of refuse. Mr. Lopez states the occupants of the subject premises have since 2020 and ongoing left refuse in the public areas.

The COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (L 2020, ch 381, § 3) part A, § 8 (b) states:

"In any eviction proceeding in which a warrant has been issued, including eviction proceedings filed on or before March 7, 2020, any warrant issued shall not be effective as against the occupants, unless, in addition to the requirements under section 749 of the [RPAPL] for warrants, such warrant states: . . .

"(ii) The tenant is ineligible for a stay under this act because the court has found that the tenant is persistently and unreasonably engaging in behavior that substantially infringes on the use and enjoyment of other tenants or occupants or causes a substantial safety hazard to others, with a specific description of the behavior."

Based on the aforementioned testimony, this court finds that respondent continues to engage in behavior that infringes on the use and enjoyment of other tenants and occupants in the building. Specifically, the damaging of the front door of the building creates a safety hazard for the tenants of the subject building. This court finds that respondent has purposely caused severe leaks resulting in damage to several other apartments. Leaks from the subject premises have been consistent with a recent leak occurring the week of February 15, 2021.

In accordance with the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020, petitioner shall submit for a new warrant that shall issue forthwith. The warrant shall state the following:{**71 Misc 3d at 706}

Gregory Drummond, Joel "Doe," "John Smith," John Doe and Jane Doe are ineligible for a stay under the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 because the court has found that the tenant is persistently and unreasonably engaging in behavior that substantially infringes on the use and enjoyment of other tenants or occupants or causes a substantial safety hazard to others, specifically destruction of the front door and purposely causing leaks resulting in damage to other apartments.

The petitioner may execute the warrant of eviction upon service of a marshal's notice and upon notice to Adult Protective Services prior to the eviction. The execution of the warrant shall be in compliance with all laws and legislative and administrative orders in effect.