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  • Mamaroneck Observer

Trustee Agrees to Deal for Back Rent

by Cindy Goldstein -

 

On May 16, 2024 Emmanuel Rawlings appeared in Mamaroneck Village Court in front of Bronxville Judge William Primps in response to a Petition filed February 15, 2024 by his landlord CF Westchester Master Tenant LLC.  See HERE.  The petitioner is the owner and landlord of the apartment building “The Mark” (formerly the Avalon) on Mamaroneck Avenue where Rawlings has been a tenant since his move in date December 13, 2022.  See Resident Statement of Payments HERE.

 

Both Mamaroneck Village Justices recused on the matter to avoid any appearance of impropriety since Rawlings is a Village Trustee.

 

Rawlings was represented by local attorney Andrew Spatz who emphatically described his relationship to the matter as a “friend of the court.”  He stressed that he was not being paid and that he provided input and guidance to Rawlings in the spirit of community.

 

During the hearing, an agreement was reached with the petitioner’s attorney Mark A. Guterman of Lehrman, Lehrman & Guterman LLP.  The two page handwritten document (See HERE) contains the following provisions:

 

1)    Rawlings agreed to owing several months’ rent going back to November 2023, and a schedule for paying the rent arrears ($5,300) as well as various non-rent charges ($690). The judgment also includes a warrant of eviction if the payment scheduled outlined below is not followed.

 

2)    Starting in June 2024, the monthly rent of $2,219 plus all additional monthly charges must be paid no later than the 5th day of each month.  Additionally, to satisfy the back rent, Rawlings must pay $1,500 by the 15th of each month starting in June for 3 months.  The fourth and final installment of the back rent of $1,430 is due by 9/15/24. 

 

If all payments are timely made the judgment and warrant of eviction will be voided.

 

However, if the above payments are not made the judgment and warrant of eviction will be accelerated with the money judgment entered against Rawlings and eviction upon 14 days’ notice.  Three days prior to filing for judgment against Rawlings, the petitioner agrees to notify Spatz to possibly avoid default.

 

No mention was made of the status of the rent payment for the three months since the February court filing (March, April and May).  Typically, landlords would amend the original petition to include subsequent uncollected rent.  The stipulation agreement specifically states that it is the full agreement of the parties.  Calls to Guterman (attorney for The Mark) were not returned.

 

On August 11, 2023, Rawlings was one of many young adults profiled in a NY Times article titled “Gen Z Can’t Afford the Rent.”  See HERE.  According to the article, Rawlings’ rent is 70% of his income for his one-bedroom apartment at The Mark.



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