Acceptance of ERAP Funds Didn't Prevent Eviction of Tenant

Landlord sued to evict tenant for breaching her lease by selling and distributing a controlled substance from the apartment. The Bronx County DA's Office had notified landlord of its belief that tenant was using the apartment to sell narcotics and asked landlord to start the eviction case. After tenant failed to appear, the court held an inquest and awarded a judgment of possession to landlord against tenant. Landlord asked the court for permission to apply for an eviction warrant, and tenant objected. She claimed that landlord's acceptances of ERAP funds had terminated the holdover proceeding.

The court ruled for landlord, finding that acceptance of the ERAP funds after the commencement of the proceeding based on tenant's illegal activity in the apartment didn't invalidate the proceeding. Landlord's acceptance of rent payment, including ERAP funds, wouldn't reinstate the tenancy since that would go against public policy. And tenant never denied the claims made against her. It also didn't matter if, as tenant claimed, there was no current ongoing drug activity at the apartment. The grounds for the eviction action were prior illegal conduct consisting of the sale of narcotics. Section 9-A of the ERAP law, preventing eviction for a year, didn't apply to proceedings commenced under RPAPL Sections 711(5), 715, or RPL Section 231(1).

River Park Residences LP v. Williams: Index No. L&T 032947/19, 2022 NY Slip Op 50872(U), NYLJ No. 1663676241 (Civ. Ct. Bronx; 9/16/22; Shahid, J)