Court Vacates ERAP Stay After Long Delays in Eviction Case

September 25, 2023

LVT Number: #32767

Upstate landlord sued to evict unregulated tenant in 2020. The case was delayed due to the eviction moratorium, tenant's Hardship Declaration, and, later, tenant's filing of an ERAP application for rental assistance. Landlord asked the court to vacate the ERAP stay because it wasn't seeking money from tenant and, in any event, ERAP wouldn't cover all of tenant's rent arrears. The court ruled for landlord, entered a judgment in landlord's favor, and issued an eviction warrant.

Upstate landlord sued to evict unregulated tenant in 2020. The case was delayed due to the eviction moratorium, tenant's Hardship Declaration, and, later, tenant's filing of an ERAP application for rental assistance. Landlord asked the court to vacate the ERAP stay because it wasn't seeking money from tenant and, in any event, ERAP wouldn't cover all of tenant's rent arrears. The court ruled for landlord, entered a judgment in landlord's favor, and issued an eviction warrant. The court denied tenant's requests for dismissal, finding that landlord properly served a 90-day termination notice when tenant's lease ended.

Kennedy Plaza Tower, LLC v. Leffler: Index No. LT-01380-20, 2023 NY Slip Op 50854(U), NYLJ No. 1692399934 (City Ct. Utica; 8/11/23; Giruzzi, J)

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