Court Refuses to Lift ERAP Stay in Case Involving Terminated Unregulated Tenancy

October 25, 2022

LVT Number: #32289

Landlord of four-family house sued to evict tenant in February 2020, after terminating the unregulated tenancy. The case was delayed by the eviction moratorium until January 2022, when it expired. Tenant then immediately filed an ERAP application, and landlord asked the court to vacate the ERAP stay. Landlord argued that the case wasn't about payment of rent arrears and that it wasn't going to participate in the ERAP program for this terminated tenancy.

Landlord of four-family house sued to evict tenant in February 2020, after terminating the unregulated tenancy. The case was delayed by the eviction moratorium until January 2022, when it expired. Tenant then immediately filed an ERAP application, and landlord asked the court to vacate the ERAP stay. Landlord argued that the case wasn't about payment of rent arrears and that it wasn't going to participate in the ERAP program for this terminated tenancy.

The court ruled against landlord, finding that while tenant's ERAP application was pending, the case was stayed, regardless of whether this was a nonpayment or a holdover proceeding. The court didn't agree that it could make a determination as to the tenant's eligibility for ERAP.

Savy Properties 26 Corp. v. James: Index No. 54591/20, 2022 NY Slip Op 50942(U)(Civ. Ct. Kings; 9/25/22; Weisberg, J)

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