ERAP Stay Lifted Where Owner of One-Family House Sought Eviction of Guest

The owner of a one-family home sued to evict occupant in October 2021. The occupant filed a Hardship Declaration at that time, then filed for ERAP assistance in February 2022. The court stayed the proceeding based on the ERAP filing. The owner then asked the court to vacate the ERAP stay, pointing out that he lived in the home, that occupant had entered as a guest of the owner's son, that the owner didn't seek rent arrears, and that the owner wouldn't participate in the ERAP program.  Although the owner had requested use and occupancy by the occupant in his original petition, that request was based on the theory of unjust enrichment and its effect wasn't to create a tenancy that would automatically trigger ERAP provisions. The court ruled for the owner and lifted the ERAP stay. Maintaining the ERAP stay in this case would create an absurd result.

Deas v. Battle: Index No. L&T309889/21, 2022 NY Slip Op 31299(U)(Civ. Ct. Kings; 5/9/22; Cohen, J)