12 Days of The Waterfront Project Representation: From Lockout to a Settlement Awarding 10 Months’ Rent as Relocation Assistance

Written by Elizabeth Hurley, Managing Attorney at The Waterfront Project

Our client called The Waterfront Project on January 16th, having been evicted from his apartment the day before without notice of any lawsuit filed against him. Although he went to court and was able to regain temporary possession of the apartment, the Court’s order left the judgment against him in place and gave him only 7 days to remove his things before he would be evicted again.  The landlord’s case alleged no wrongdoing by our client, but rather that eviction was necessary in order to cure health and safety violations the landlord had failed to address.

One of The Waterfront Project’s Staff Attorney, Samantha, took our client’s case (one of four emergency cases that day), filing an Order to Show Cause application that asked the Court to vacate the default judgment based on the tenant’s lack of notice and potentially meritorious defenses. The Court granted the application, scheduling a hearing for the following week.  On January 28th,13 days after first contacting The Waterfront Project, Samantha appeared for the hearing and helped our client achieve a settlement agreement that compensates him a total of 10 months’ rent ($2,400.00 in a payment from the landlord, a refund of $800.00 he already paid to the landlord, and two additional months rent-free) and gives him until the end of March to move into a new apartment.  This settlement grants the tenant time and money to find safe, decent housing. 

Thanks Sam and Nika, who quickly processed the intake!