ERAP Stay Remains in Place Despite Tenant's Behavior

October 25, 2022

LVT Number: 32283

Landlord sued to evict month-to-month tenant in March 2020. In May 2021 landlord requested an inquest based on tenant's failure to appear in court. Tenant then filed a Hardship Declaration and the case was calendared after the eviction moratorium expired in January 2022. Tenant then filed an ERAP application, which stayed the eviction proceeding. Landlord asked the court to vacate the ERAP stay because tenant had been creating a nuisance ever since landlord served tenancy termination notices in 2020.

Landlord sued to evict month-to-month tenant in March 2020. In May 2021 landlord requested an inquest based on tenant's failure to appear in court. Tenant then filed a Hardship Declaration and the case was calendared after the eviction moratorium expired in January 2022. Tenant then filed an ERAP application, which stayed the eviction proceeding. Landlord asked the court to vacate the ERAP stay because tenant had been creating a nuisance ever since landlord served tenancy termination notices in 2020.

The court ruled against landlord. The ERAP stay must remain in effect because landlord hadn't commenced an eviction proceeding based on nuisance. Landlord must start a new case to do this.

Cook v. Wittreich: Index No. 5428312, 2022 NY Slip Op 32915(U), NYLJ No. 1663067672 (Civ. Ct. Queens; 7/26/22; Nembhard, J)

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