Court Denies Landlord's Request to Vacate ERAP Stay Obtained by Licensee

April 26, 2022

LVT Number: #32006

Landlord sued to evict occupants of a rent-stabilized apartment after tenant died, claiming that they were either mere licensees of the tenant or squatters. One of the occupants filed a Hardship Declaration and ERAP application. After the Hardship Declaration stay ended on Jan. 14, 2022, the ERAP stay remained in place. Landlord then asked the court to vacate the ERAP stay on the grounds that it was inapplicable to this proceeding since an ERAP stay applied only to eviction cases based on a default in payment of rent and/or where rent arrears were claimed due.

Landlord sued to evict occupants of a rent-stabilized apartment after tenant died, claiming that they were either mere licensees of the tenant or squatters. One of the occupants filed a Hardship Declaration and ERAP application. After the Hardship Declaration stay ended on Jan. 14, 2022, the ERAP stay remained in place. Landlord then asked the court to vacate the ERAP stay on the grounds that it was inapplicable to this proceeding since an ERAP stay applied only to eviction cases based on a default in payment of rent and/or where rent arrears were claimed due. The court ruled against landlord, finding that once either a tenant or an occupant sought rental assistance, the case was placed on the administrative stay calendar pending a determination by the State Office of Temporary Disability Assistance.

560-566 Hudson LLC v. Hillman: Index No. 300446-21, 2022 NY Slip Op 30718(U), NYLJ No. 1646709605 (Civ. Ct. NY; 2/24/22; Ferdinand, J)

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