Court Refuses to Lift ERAP Stay

May 23, 2023

LVT Number: #32570

Landlord sued to evict tenant for nonpayment of rent. The case was automatically stayed after tenant filed an ERAP application with the state Office of Temporary and Disability Assistance (OTDA) in September 2021. Landlord later asked the court to lift the ERAP stay, arguing there was no indication that the subsidized tenant's application would be approved any time soon. The court ruled against landlord, ruling that the plain language of the ERAP statute required that the stay remain in effect until OTDA made a decision.

Landlord sued to evict tenant for nonpayment of rent. The case was automatically stayed after tenant filed an ERAP application with the state Office of Temporary and Disability Assistance (OTDA) in September 2021. Landlord later asked the court to lift the ERAP stay, arguing there was no indication that the subsidized tenant's application would be approved any time soon. The court ruled against landlord, ruling that the plain language of the ERAP statute required that the stay remain in effect until OTDA made a decision.

Diego Beekman Mutual Housing Assoc. HDFC v. Lee: Index No. 302262/2022, NYLJ No. 1681136965 (Civ. Ct. Bronx; 4/3/23; Ibrahim, J)

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