Court Vacates Stipulation Between Parties to Lift ERAP Stay

November 27, 2023

LVT Number: #32966

Landlord sued to evict tenant for nonpayment of rent. Tenant filed an application for ERAP rent assistance, and the court stayed the proceeding. Landlord then made a motion to vacate the ERAP stay. When landlord and tenant appeared in court, they signed a stipulation agreeing that the ERAP stay was lifted on consent. Tenant later obtained an attorney and asked the court to vacate that stipulation. The court ruled for tenant. The court had not "so ordered" the stipulation signed by landlord and tenant, so the ERAP stay was still in effect.

Landlord sued to evict tenant for nonpayment of rent. Tenant filed an application for ERAP rent assistance, and the court stayed the proceeding. Landlord then made a motion to vacate the ERAP stay. When landlord and tenant appeared in court, they signed a stipulation agreeing that the ERAP stay was lifted on consent. Tenant later obtained an attorney and asked the court to vacate that stipulation. The court ruled for tenant. The court had not "so ordered" the stipulation signed by landlord and tenant, so the ERAP stay was still in effect. The case was again marked off calendar until the ERAP application was decided.

 

 

 

First Housing Co., Inc. v. Diaz: Index No. LT-310919-22, 2023 NY Slip Op 51038(U), NYLJ No. 1696551858 (Civ. Ct. Queens; 9/7/23; Sanchez, J)

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