ERAP Stay Vacated by Court Where Occupant Was Former Super Who Never Paid Rent

Landlord sued to evict its former building superintendent after his employment was terminated in October 2021. The super had lived in one of landlord's apartments since 2017 in connection with his employment. After the case was started, the super filed a Hardship Declaration, which stayed the proceeding until Jan. 15, 2022. In April 2022, when landlord sought to have the case placed back on the court's calendar, the super filed an ERAP application, which stayed the proceeding. Landlord asked the court to vacate the ERAP stay because the super wasn't a tenant and had no obligation to pay rent. The court ruled for landlord and vacated the stay. It was undisputed that the super never paid rent for the apartment. 

Valsac 908 LLC v. Crespo: Index No. 307057/2021, 2022 NY Slip Op 50484(U)(Civ. Ct. NY; 6/10/22; Bacdayan, J)