Landlord Couldn't Claim Nonpayment of Rent for Months Earmarked as Paid by ERAP

Landlord sued to evict tenant for nonpayment of rent in February 2022. Landlord later asked the court for a default judgment after tenant failed to answer. The court ruled against landlord and dismissed the case. Landlord had accepted ERAP funds on tenant's behalf in September 2021. Payment was accepted for months including August through October 2021. In its nonpayment petition, landlord now claimed that rent for those months was unpaid. But when accepting ERAP payment, landlord agreed that the arrears covered by this payment were satisfied and wouldn't be used as the basis for a nonpayment eviction. ERAP payments are "earmarked" and must be applied to the period specified. So, once accepted, landlord couldn't commence a case seeking months covered by the ERAP payment. 

21 Realty Co. v. Carabello: Index No. L&T 304146/22 (Civ. Ct. Bronx; 5/31/22; Ibrahim, J)