ERAP Stay Vacated Because Occupant Wasn't Required to Pay Rent

September 25, 2023

LVT Number: #32783

Landlord sued to evict apartment licensee in January 2020. After the first court date, the case was delayed initially due to the COVID public health emergency and a GAL was appointed for the licensee in October 2020. No answer to the petition was ever filed. The case was further delayed by the licensee's filing of a Hardship Declaration and later an ERAP application. Landlord asked the court to vacate the ERAP stay and argued that the licensee was neither a tenant nor an occupant obligated to pay rent.

Landlord sued to evict apartment licensee in January 2020. After the first court date, the case was delayed initially due to the COVID public health emergency and a GAL was appointed for the licensee in October 2020. No answer to the petition was ever filed. The case was further delayed by the licensee's filing of a Hardship Declaration and later an ERAP application. Landlord asked the court to vacate the ERAP stay and argued that the licensee was neither a tenant nor an occupant obligated to pay rent. The licensee claimed succession rights to the unit but didn't claim he was obligated to pay rent.

The court ruled for landlord because the licensee wasn't obligated to pay rent for the apartment. And the fact that landlord sought payment of use and occupancy while the case was pending didn't create an obligation to pay "rent" as defined in the ERAP statute. This was a separate obligation. The court restored the case to its calendar and permitted the licensee to file a late answer to the petition.

Calvary Grandparent Residence LLC v. Middleton: Index No. L&T50616/20, 2023 NY Slip Op 50947(U)(Civ. Ct. Queens; 8/18/23; Guthrie, J)

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