Landlord Can't Vacate ERAP Stay Just Because Program Funds Had Been Exhausted

Landlord sued to evict Yonkers tenant for nonpayment of rent. The proceeding was stayed because tenant filed an ERAP application for rent relief. Landlord asked the court to vacate the ERAP stay because the application was filed after the exhaustion of available funds. Landlord argued that the stay was therefore futile and contrary to public policy.

The court ruled against landlord. Although ERAP stays have been vacated in many cases, in this case landlord hadn't provided a sufficient grounds for examining the stay. Landlord didn't claim that tenant filed her ERAP application in bad faith. Landlord only made conclusory assertions that ERAP wouldn't pay the balance due or that tenant had failed to complete her application. Landlord pointed out that the website of the state's Office of Temporary and Disability Assistance (OTDA) stated that, although federal funding was lacking for ERAP applications submitted after Sept. 21, 2021, the ERAP program was still accepting applications statewide. And applications submitted and received after Sept. 21, 2021, continued to be reviewed and paid in those areas of the state where the allocation of funds wasn't fully depleted. Moreover, tenant's application was filed with the Yonkers Y-ERAP program, administered locally. Tenant claimed that the City of Yonkers had received funding that hadn't yet been exhausted. The Y-ERAP program could pay up to 18 months of rent compared to the 15 months offered by New York State. And landlord didn't claim that tenant would be ineligible for these funds. 

Raci v. Lopez: Index No. LT-0377-20, 2022 NY Slip Op 50749(U)(City Ct. Yonkers; 8/3/22; Best, J)