ERAP Stay Vacated in Case Where Eviction Warrant Issued Pre-Pandemic

Landlord sued to evict unregulated tenants of a two-family home in September 2019. Landlord and tenants signed a so-ordered settlement agreement in court and agreed to move out. The stipulation included a final judgment of possession for landlord with execution on an eviction warrant stayed through Jan. 30, 2020. The court later delayed the warrant execution date to Mar. 31, 2020, at the request of one of the tenants.  On March 17, 2020, the COVID-19 pandemic forced a court shutdown, which delayed the case. In February 2021, tenant filed a Hardship Declaration, which stayed the proceeding through Jan. 15, 2022. In March 2022, landlord asked the court for permission to execute upon the warrant. In response, tenant filed an ERAP application, which automatically stayed the case. In April 2022, landlord asked the court to vacate the ERAP stay. Landlord argued that no rent was sought and that the ERAP application was fraudulent because tenants were gainfully employed. 

The court ruled for landlord, noting that other courts have ruled that, in appropriate circumstances, they had the authority to lift ERAP stays. And to allow individuals in an unregulated tenancy the benefit of the ERAP stay provision would "be futile and would lead to an absurd result, not contemplated by the statute." In this case, landlord didn't seek use or occupancy in the original petition and, in fact, waived past arrears and future use and occupancy in the 2019 settlement stipulation with tenant. And any ERAP program approval wouldn't preserve a tenancy since landlord already had a judgment and eviction warrant against the unregulated tenants. The ERAP stay was vacated, and landlord could go forward with the eviction.

Joute v. Hinds: Index No. L&T77438/19, 2022 NY Slip Op 22150 (Civ. Ct. Kings; 5/16/22; Cohen, J)