Court Won't Vacate ERAP Stay Despite OTDA Statement That Section 8 Tenant Can't Get Funds
LVT Number: #32143
Landlord sued to evict Section 8 tenant for nonpayment of rent. Landlord claimed that tenant owed $28,000 with arrears dating back to late 2018. Landlord asked the court to vacate a stay of the case imposed by tenant's filing of an ERAP application. Landlord argued that the ERAP program wasn't approving applications made by tenants in subsidized housing. Landlord also pointed out that portions of the arrears owed by tenant were for periods before March 2020 and after the permitted coverage period.
The court ruled against landlord. As of May 31, 2022, OTDA's website explained that applications from subsidized tenants -- including tenants receiving public housing, Section 8, and FHEPS -- weren't currently able to be paid, and that "at this time, none of the subsidized housing applications can be paid regardless of the date their application was submitted." But the court ruled that, even if ERAP ultimately paid nothing or just a portion of what was owed, while pending, tenant's application stays the proceeding.
Robo LLC v. Matos: Index No. L&T 308767-2021, 2022 NY Slip Op 50468(U)(Civ. Ct. Bronx; 6/2/22; Ibrahim, J)