Court Vacates Stay of Tenant's ERAP Application, Filed After Eviction Warrant Issued

March 27, 2023

LVT Number: #32505

Landlord sued to eject tenant in a State Supreme Court action, stating that tenant's lease had expired on April 30, 2021, and that tenant failed to sign an offered renewal lease. In November 2022, the court ruled for landlord based on tenant's failure to answer landlord's court complaint. At that point, tenant had hired a series of attorneys who all were dismissed at their request by the court. Tenant then asked the court to delay execution of the judgment of possession and eviction warrant until OTDA made a final ruling on her ERAP application.

Landlord sued to eject tenant in a State Supreme Court action, stating that tenant's lease had expired on April 30, 2021, and that tenant failed to sign an offered renewal lease. In November 2022, the court ruled for landlord based on tenant's failure to answer landlord's court complaint. At that point, tenant had hired a series of attorneys who all were dismissed at their request by the court. Tenant then asked the court to delay execution of the judgment of possession and eviction warrant until OTDA made a final ruling on her ERAP application. Landlord in turn asked the court to vacate any ERAP stay.

The court ruled for landlord. The tenancy ended when tenant's lease expired and she didn't renew it. So, even if tenant was eligible for ERAP, payment of those funds wouldn't reinstate the parties' landlord-tenant relationship. Tenant had paid no rent or use and occupancy since the case began in May 2021 and had only applied for ERAP in January 2023, after receiving an eviction notice. 

Columbus Manor LLC v. Weisselberg: Index No. 154828/2021 (Sup. Ct. NY; 2/10/23; Cohen, J)

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