Court Denies ERAP Stay for Apartment Squatter

July 26, 2023

LVT Number: #32648

Landlord sued to evict an apartment occupant after the tenant died, claiming the occupant was either a licensee or a squatter. The occupant filed an ERAP application, and the court stayed the case. Landlord then asked the court to vacate the ERAP stay because a squatter or licensee wasn't entitled to ERAP benefits. Landlord also claimed that no application actually had been filed. The court ruled for landlord, finding that the mere act of filing an ERAP application didn't stay a case if the applicant wasn't a tenant or occupant obligated to pay rent.

Landlord sued to evict an apartment occupant after the tenant died, claiming the occupant was either a licensee or a squatter. The occupant filed an ERAP application, and the court stayed the case. Landlord then asked the court to vacate the ERAP stay because a squatter or licensee wasn't entitled to ERAP benefits. Landlord also claimed that no application actually had been filed. The court ruled for landlord, finding that the mere act of filing an ERAP application didn't stay a case if the applicant wasn't a tenant or occupant obligated to pay rent.

Servs. For the Underserved Inc. v. Mohammed: Index No. 300364-2020, 2023 NY Slip Op 50536(U), 79 Misc.3d 1205(A), NYLJ No. 1686055294 (Civ. Ct. Bronx; 6/1/23; Ibrahim, J)

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