Judge Shows Mercy

Thursday’s virtual hearing.

A Superior Court judge showed a little mercy Thursday during a housing court hearing.

The judge, Claudia Baio, was conducting the twice-weekly housing court session when a case came up involving a Gilbert Street tenant named Jessica Carter.

55 Gilbert, LLC, represented by Ori Spiegel, sued Carter in February, alleging nonpayment of rent from August 2020 to February 2021 that totaled $8,400.

Carter had not initially appeared in court when Judge Baio previoiusly granted the execution of the eviction. Carter then filed a motion to open the judgement, which would allow the case to resume.

In virtual court Thursday, Carter claimed that, due to her mom’s death from Covid-19, she did not receive the eviction and court papers until after the fact.”

I don’t want to fight with the landlord,” Carter said. He was a good landlord. I found an apartment but it wouldn’t be ready until the 25th. I just need an extension so I wouldn’t have to pay for storage.”

Carter added that she started a new job last week, meaning that she could offer some sort of payment as recompense.

Speigel was unmoved.

She’s offered payments previously,” he said, but all my client received was promises.” He requested that the motion to open be denied.

Ultimately, Baio denied the motion to open. However she issued a stay, or stop, to the execution until May 25. That would give Carter enough time to move into her new apartment without paying additional storage fees.

She cautioned Carter that, even though she received what she asked for in terms of an extension, the landlord could still pursue the thousands of dollars in unpaid rent that she owed.

You’re welcome to communicate with them regarding any agreements about how to pay them back,” Judge Baio concluded.

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