ERAP Application Filed by Unnamed Occupant Didn't Stay Eviction Case Against Tenant

Landlord sued to evict tenant Gomez for nonpayment of rent in 2021. On the initial court conference date in April 2022, landlord's attorney appeared, tenant appeared pro se, and an attorney appeared for respondent Perdomo, who was not named in the proceeding. Tenant said that she had moved out of the apartment and left her friend there as an occupant. Tenant also indicated that she had contacted building management seeking to have the rental transferred to Perdomo. Landlord's attorney indicated she had no knowledge of any such communications. Perdomo said she had filed a pending ERAP application. Her attorneys requested a stay of the nonpayment proceeding based on this filing. But Perdomo wasn't named in this proceeding and hadn't filed a motion to intervene. So Perdomo's filing of an ERAP application didn't matter and didn't stay this proceeding. The case was adjourned to June 7, 2022, for all purposes.

Sedgcliff LLC v. Gomez: L&T Index No. 305571/21, 2022 NY Slip Op 22111 (Civ. Ct. Bronx/ 4/12/22; Tovar, J)