Court Lifts ERAP Stay in Case Involving Licensee Who Paid Rent to Tenant

September 28, 2022

LVT Number: #32249

Landlord sued to evict apartment occupant, claiming that he was either a squatter or licensee. The occupant filed an ERAP application that automatically stayed the proceeding. Landlord asked the court to vacate the ERAP stay. The court ruled for landlord. The occupant had no rent obligation to landlord and landlord stated that he wasn't seeking rent or use and occupancy from the occupant. If, as occupant claimed, he had paid rent to landlord, that might have legal consequences, but there had been no showing of any obligation by the occupant to pay rent to landlord.

Landlord sued to evict apartment occupant, claiming that he was either a squatter or licensee. The occupant filed an ERAP application that automatically stayed the proceeding. Landlord asked the court to vacate the ERAP stay. The court ruled for landlord. The occupant had no rent obligation to landlord and landlord stated that he wasn't seeking rent or use and occupancy from the occupant. If, as occupant claimed, he had paid rent to landlord, that might have legal consequences, but there had been no showing of any obligation by the occupant to pay rent to landlord. And occupant showed no proof that he had paid any rent directly to landlord. 

Fernandez v. Jones: Index No. L&T 302903-2022, 2022 NY Slip Op 22267 (Civ. Ct. Bronx; 8/18/22; Ibrahim, J)

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