Various statutory protections are in place for those tenants who are serving in the military or are dependent on those on active duty. By way of example, the Servicemembers' Civil Relief Act provides that an action or proceeding may be stayed when a court finds that:
1) a servicemember is on activity duty or was relieved of active duty within 90 days of the stay request;But these protections are far from automatic. By way of example, in Corrado v. Harris, a Justice Court of the Town of Mount Pleasant, in Westchester County, refused to stay a holdover proceeding based on a co-tenant's military service. On appeal, the Appellate Division, 9th and 10th Judicial Districts, affirmed since the tenant had failed to demonstrate that her ability to defend the case was "materially impaired," and, no letter from the co-tenant's commanding officer--reflecting that cotenant's service prevented a court appearance--was produced.
2) the military service materially affects the servicemember's ability to defend the case; and
3) the servicemember has notice of the pending action or proceeding.
Semper fidelis!
For a copy of the Appellate Term's decision in Corrado v. Harris, please click on the following link:
http://www.nycourts.gov/reporter/3dseries/2006/2006_26292.htm