Court Partially Vacates ERAP Stay Beyond 15 Months' Outstanding Rent

A Mt. Vernon landlord sued to evict tenant for nonpayment of rent. Tenant lived in HUD project-based Section 8 housing. Tenant filed an ERAP application seeking rental assistance, resulting in an automatic stay of the court case. Landlord asked the court to vacate the stay, arguing that the stay would be futile because ERAP wouldn't cover all of the back rent owed by tenant. The maximum ERAP payment would cover 15 months of rent dating back to March 2020. Tenant owed back rent for much longer than ERAP would cover. ERAP applications by subsidized tenants also were not currently being paid, and the law required that Section 8 tenants be paid any ERAP funds only after all other eligible applicants had been reviewed and received payment. OTDA's website also stated as of June 24, 2022, that applications from subsidized housing tenants were not currently eligible to be paid by the ERAP program. The court ruled for landlord in part, and lifted the ERAP stay for the months due and owing over the 15 months that ERAP would cover. The court adjourned the case so that tenant could establish payment of ongoing rent or have guarantee letters from the various assisting agencies to show that rental assistance money was forthcoming.

EG Mt. Vernon Preserv. LP v. Duncan: 77 Misc.3d 1226(A), 2023 NY Slip Op 50044(U)(Cit. Ct. Mt. Vernon; 1/17/23; Johnson, J)