Court Denied Landlord's Request to Vacate ERAP Stay

Landlord sued to evict an ETPA/Section 8 tenant for nonpayment of rent. Landlord claimed that tenant owed over $10,000. Tenant filed an ERAP application, which stayed the proceeding. Landlord asked the court to vacate the ERAP stay because ERAP applications of Section 8-subsidized tenants wouldn't be processed until after all applications from non-subsidized tenants had been processed. The court ruled against landlord, finding that there was no dispute otherwise that tenant was entitled to ERAP assistance. Tenant affirmed that she experienced unforeseen financial hardship due to the COVID-19 pandemic. The court also noted that current regulations didn't provide that ERAP applications from Section 8 tenants would never be paid.

14 N Highstreet LLC v. Clowney: Index No. 0440-21, 2022 NY Slip Op 22239, NYLJ No. 1660021243 (City Ct. Mt. Vernon; 8/3/22; Williams, J)