A HEARING ON HARDSHIP DECLARATION

Russo v. Kiefer, 2021 NY Slip Op 21285 - NY: Newburgh Town Justice Court 2021:

"On October 7, 2021, a hearing was held in reference to this summary proceeding to determine the validity of the Declaration of COVID Hardship submitted by each respondent. Petitioner was represented by Oliver Budde, Esq. Respondents appeared pro se and each testified on his or her own behalf.

Each respondent testified at the hearing as follows:

RESPONDENT MELANIE KIEFER

Melanie Kiefer testified that neither she nor any member of her household suffered medically from COVID. In September, 2019 following the termination of her cleaning business that ended in August, 2019, she applied for Social Security disability caused by non-COVID illness and her lack of income was exacerbated by her providing care to her elderly grandparents.

Notwithstanding her testimony concerning diminished income, Ms. Kiefer admitted that she recently settled a medical malpractice lawsuit commenced in Ulster County Supreme Court and received the sum of $389,000.00, presently a liquid asset.

RESPONDENT DAVID KIEFER

David Kiefer testified that he is employed as a full-time electrician, works 40 hours per week and earns approximately $800.00 per week.

RESPONDENT WILLIAM WOLF

William Wolfe testified that he is a tree surgeon and, since 2020, as a result of the COVID shutdowns, his income came to a halt. Nothing was presented by him, either documentary evidence or otherwise, to support his conclusory claim that he had no income in and since 2020. Nor did respondent testify or show proof that he or his family applied for or received cash assistance, assistance from the supplemental nutrition assistance program, supplemental social security, income from New York State Disability, income from the home energy assistance program, income from unemployment insurance or benefits under State and Federal law or any other public or private funds. The court notes that on September 27, 2021, it sent a letter to all respondents advising them that the above-described income would be considered relevant evidence.

WILLIAM WOLF, JR.

William Wolfe Jr., testified that he worked for his father in the tree surgeon business and has had no work since 2020. Nothing was presented by him, either documentary evidence or otherwise, to support his conclusory claim that he had no income since March, 2020. Nor did respondent testify or show proof that he or his family applied for or received cash assistance, assistance from the supplemental nutrition assistance program, supplemental social security, income from New York State Disability, income from the home energy assistance program, income from unemployment insurance or benefits under State and Federal law or any other public or private funds. The court notes that on September 27, 2021, it sent a letter to all respondents advising them that the above-described income would be considered relevant evidence.

It should be noted that the health of each respondent was not affected by the COVID pandemic. Even if it was established that respondents, WOLF, may have suffered loss in income as an indirect result of COVID, it is undisputed that respondent, MELANIE A. KIEFER, received $389,000 as settlement of a lawsuit and has the financial ability to pay the rent due and/or the cost of moving. She also has the joint and severable obligation, as a joint tenant, to pay the entire rent due. Accordingly, no financial hardship has been shown by respondents' household as a result of COVID.

Based on the foregoing, the court finds that the COVID Hardship Declaration is invalid and, as such, the proceeding may proceed without further stay.

The matter is scheduled for trial to be held on November 4, 2021 at 11:00 A.M., or as soon thereafter as the matter may be heard."