particularity in her Proposed Answer when the disrepairs developed. It is possible,
however, that the need for repairs arose after the commencement of these proceedings
which has been pending for over a year. Indeed, the nature of the disrepairs mentioned in
Tenant's papers appear to be of recent vintage. As such, Landlord is hereby directed to
make the abovementioned repairs, if not already completed, within 30 days from any
access date given by Tenant as agreed upon between the parties.
These conclusions notwithstanding, insofar as Tenant is alternatively
requesting an extension to pay her rent arrears, the same is granted since she has shown
"good cause" under RPAPL 749(3), in that she needs additional time to secure funds
from governmental or nonprofit agencies (see Harvey 1390 LLC v Bodenheim, 96 AD3d 664 [2012];
Pomeroy Co. v Thompson, 5 Misc 3d 51, 52 [AT 1st 2004]; Parkchester
Apts. Co. v Heim, 158 Misc 2d 982, 983 [AT 1st 1993]). In fact, Tenant, who lives
in a rent-stabilized apartment, has been diligently trying to secure funds to pay the
amount owed to Landlord and is currently awaiting a final determination by the Chelsea
Relief Fund on a rent arrears grant as well as the issuance of a $1,000 grant from the
Coalition for the Homeless. Accordingly, Tenant's motion is granted only to the extent
that the stay of execution of the warrant of eviction is further stayed until October 15,
2013 for Tenant to pay all the arrears owed thru September 2013 of $4,898.85, plus
October rent.
The matter is adjourned to October 21, 2013 at 9:30 a.m. for all purposes.
The foregoing constitutes the decision and order of the Court.
E N T E R:
Dated: Bronx, New York
September 13, 2013 J.H.C.