Court Lets Eviction Stand, Despite Late-Filed ERAP Application

Landlord sued to evict unregulated tenants for nonpayment of rent in December 2019, claiming that tenants owed $14,000 for the period between May and November 2019. In January 2020, landlord and tenants stipulated in court to convert the case to a holdover and to waive tenants' rent arrears. The court then ruled for landlord, who executed on an eviction warrant after repeated pandemic-related delays on evictions. Five days before the eviction took place, one tenant applied for ERAP rental assistance but failed to notify either landlord, landlord's attorney, the court, or the Marshal's office. After eviction, tenant filed an order to show cause seeking restoration to the apartment, placement of the case on the court's ERAP calendar to await determination on his application, or, alternatively, restoration of the tenancy and a stay for tenants to find new housing.

The court ruled against tenants and discussed the application of the ERAP statute to this case and others in its decision. Since tenants owed no rent under their court-ordered settlement agreement, they weren't covered by the ERAP law and therefore couldn't seek the protections of a stay against eviction. Any landlord-tenant relationship was severed by execution of the eviction warrant. Tenants also provided no explanation as to why they failed to give anyone notice of the ERAP application. 

Zheng v. Guiseppone: Index No. 052888/19, 2022 NY Slip Op 50271(U), NYLJ No. 1650956402 (Civ. Ct. Richmond; 4/14/22; Ofshtein, J)