ERAP Statute Requires Hearing on Nuisance Claim After Landlord Accepts Funds

August 29, 2023

LVT Number: #32744

Landlord sued to evict tenant, claiming tenant created a nuisance. The court ruled for landlord and granted possession. Landlord accepted ERAP funds to cover tenant's back rent after the judgment of possession was entered. Tenant then asked the court to vacate the judgment because landlord's acceptance of the ERAP funds was in effect a dismissal of the action. Alternatively, tenant sought an additional hearing on the nuisance claim. The court ruled for tenant in part. It refused to dismiss the case but did order an additional hearing.

Landlord sued to evict tenant, claiming tenant created a nuisance. The court ruled for landlord and granted possession. Landlord accepted ERAP funds to cover tenant's back rent after the judgment of possession was entered. Tenant then asked the court to vacate the judgment because landlord's acceptance of the ERAP funds was in effect a dismissal of the action. Alternatively, tenant sought an additional hearing on the nuisance claim. The court ruled for tenant in part. It refused to dismiss the case but did order an additional hearing. The governing statute triggered an automatic hearing if landlord accepts ERAP funds after a judgment of possession is issued on a nuisance or similar claim.

Diego Beekman Mutual Housing Association HDFC v. Melendez: Index No. 009967/20, NYLJ No. 1689727448 (Civ. Ct. Bronx; 7/17/23; Shahid, J)

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