considered a harmless error especially since this is not an isolated occurrence. Supra
Petitioner, as an agency with its own legal department, can readily avail itself of legal advice
to be in compliance with the law. Petitioner commences summary non-payment proceedings on a
regular basis. This disregard of the law regarding evictions is especially troubling due to the
volume of cases filed by petitioner. This disregard of the law can lead to numerous illegal
evictions, causing harm to residents who may be forced to enter the shelter system and burdening
the Court with post-eviction motions.
The Court finds that petitioner's conduct was frivolous and therefore imposition of sanctions
is proper. The Court sanctions the petitioner a sum of $50.00 for every day that petitioner did not
notify the Marshal that the warrant was vacated. Petitioner is sanctioned from May 24, 2019
through October 30, 2019 [FN1]
, when the Marshal's office was finally informed that the warrant was vacated on May 23, 2019.
(160 days). The total amount should be $8,000.00 ($50 per day for 160 days), however, given
that petitioner is part of a public housing authority, in the discretion of the Court and in the
interest of justice, the sanction is modified to $4,000.00.
It is ORDERED that petitioner credit respondents' rental account $4,000.00. This amount is
to be credited to respondents' rental account and proof provided to the Court within 30 days of
this Decision/Order.
This Decision and Order is being mailed to both sides.
This constitutes the Decision and Order of this Court.
Dated: November 22, 2019
Bronx, New York
So ordered,
_____________________
ENEDINA PILAR SANCHEZ
Judge,
Housing Court
Footnotes
Footnote 1:The Court notes that while the