Eviction Proceeding Dismissed Because Landlord Had Accepted ERAP Funds Less Than One Year Earlier
LVT Number: #32550
Landlord sued to evict tenant of a small building with two apartments over a storefront. At trial, neither landlord nor tenant were represented by attorneys. It was undisputed that in November 2021, OTDA issued, and landlord accepted, ERAP rental payments to landlord on tenant's behalf totaling $13,600. In February 2022, landlord issued a termination notice to tenant based on nonrenewal of tenant's lease.
The court ruled against landlord. Both the issuance of the termination notice and the filing of a holdover petition based on lease expiration were acts designed to cause an eviction. And the act of initiating an eviction within the 12-month period following issuance of the ERAP payment violates the ERAP law. Here, the termination notice and the eviction case filing were acts done within the 12-month stay period following acceptance of ERAP payments. The court dismissed the case without prejudice to recommencing after the 12-month period ended.
Index No. LT-050197-22, 78 Misc.3d 1209(A), 2023 NY Slip Op 50187(U)(Civ. Ct. Queens; 3/13/23; Sanchez, J)