Evicted Tenant Who Had Undisclosed ERAP Stay Restored to Possession

Landlord sued to evict tenant for nonpayment of rent, then evicted tenant after obtaining a default judgment. Tenant then filed an order to show cause, seeking restoration to the premises. Tenant pointed out that he had a pending ERAP application when landlord sought his eviction. Landlord knew this but failed to inform the court, as required by Administrative Order 245/21. Landlord said that, after reading the OTDA website, it thought that tenant had previously been approved for the maximum amount of assistance and therefore wasn't eligible for the ERAP stay. Tenant claimed that he submitted a second ERAP application in good faith, while landlord argued that this was an attempt to evade eviction. The court ruled for tenant and restored him to possession, finding that any pending ERAP application, regardless of eligibility, stayed an eviction proceeding until there was an eligibility determination. Landlord could have sought to vacate the stay. 

MH Rental LLC v. Zani: Index No. 301400/2020, 2022 NY Slip Op 32293(U), NYLJ No. 1658830626 (Civ. Ct. NY; 7/12/22; Bacdayan, J)