Signed a stipulation

[AndaceQ]

Hi, new to this forum and I haven't seen this asked anywhere else. My landlord brought a nonpayment petition against me. I had very good defenses and I was willing to fight the case all the way to trial if I had to. However, my court appointed free lawyer talked me into signing a stipulation. While I promised myself I wouldn't do that, I am out of work and he said if I agreed, I would likely get help paying the arrears and ALSO having my rent paid going forward via CityFheps, because my father lives with me and is a Veteran. We agreed to make the payments by a certain date. Stipulation didnt mention I would apply for help, just that I would pay, but the lawyer said didnt it have to mention that. It said if I defaulted the landlord could "restore the case to calendar with 8 days notice to my attorney to obtain a judgment and warrant of eviction."
The stip gave us 2 months to pay which he said would be more than enough time for them to provide the payment for me. 2 months later, I am still getting bounced back and forth by HRA.
My question is this: If the HRA provides the payment AFTER the date on the stipulation (which is only days from today), would the case be over so long as the payment was received? Could the landlord refuse to accept my payment, because I didn't pay by the date on the stipulation and move to evict me anyway? I have heard that as long as you pay before the marshal comes, you can avoid eviction, but does the fact that I signed a stipulation change that? I wish I hadn't, but the lawyer made me feel very comforted at the time.
I was hoping for confirmation that, even if the money came a little late, the landlord still has to accept it and my home would be safe.

[TenantNet]

The LL can't evict without a court order. If no one shows up, then that might happen by default. I don't know your situation, but there are times to compromise and times to fight all the way. I can't say what's right or wrong here, but understand these decisions often come from factors unrelated to the strength of your defenses.

It sounds like compromising had something to do with CityFheps (a subsidy that's a separate issue). I don't know enough about CF, so I can't say your receipt of the subsidy depends or not on the status of the court case.

Some attorneys will urge compromise to help move the case along and now, with the COVID backlog, there are many tenants who need help. There's a program called "Right to Counsel" where tenants are supposed to have access to a free lawyer to represent them (not just advice), but that system is not working, and the legal providers - in my opinion - are not being honest with tenants.

If you settled, there will be a stipulation, usually "so ordered" by a judge that details how much you have to pay and by when. If for some reason you're not able to do so, there are things you can do, but I would exercise caution.

Be in touch with your attorney, but you can also track your case by NYSCEF. Sign in as a guest and use your index number. https://iapps.courts.state.ny.us/nyscef/HomePage. All pages on your case should be there.

You can also use Ecourts to keep track of your case. https://iapps.courts.state.ny.us/webcivil/ecourtsMain
Go to Webcivil Local and again, use your docket number. That tells you of upcoming appearances. But if a case no longer has any appearances, it often disappears.

These are tools, but don't rely on just one alone.

I agree, HRA is a horror. Have you gone to your local elected official for help? Or has the legal provider where your attorney works done anything to help your application? Some have the capability for HRA applications.

From what I've heard (and I've not been in the exact same situation), if HRA pays, even if late, the court considers that compliance. But make sure you have all your documentation, always show up, keep copies and on things that really matter, use certified mail (or Certificate of Mailing ... that's cheaper). But while courts often bend over to allow compliance, the patience will only go so far.

If you get into a crunch, you can always file an Order to Show Cause (OSC) to temporarily stop an eviction. It can pause things, but not stop things. Your attorney knows how to do a OSC, but you can do it yourself. Google that to get the forms, ask the clerks at Housing Courts. You would fill out forms, give your reasons, have judge sign it and then it must be served on the landlord. (some might also require service on HRA, but I can't be certain about that).

Good luck.

[AndaceQ]

Thank you. I actually signed up for NYSCEF myself. That impressed my lawyer who is a court appointed free lawyer by the RTC process. I will definitely keep up with the case online. There should not be any more appearamces, because of the stipulation. I did not appear at court or sign it-this was a 2.attorney stipulation signed by both attorneys. I was just afraid that if I was at all late, the landlord would have the right to refuse the payment and gain possession of my apartment.

[TenantNet]

The thing to understand is that there are really no rules. Well, there are, but people try to break them all the time. Some times a judge will step in and some times they won't. No one can say what will or won't happen, all you can do is go by experience and react if something bad or unexpected happens. So in my experience, most judges won't say it's too late if HRA pays later. Although I've been in court many times, I'm a tenant like you, not a lawyer and don't practice in court (other than my own cases).