OTDA Expected to Deny Tenant's Second ERAP Application

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed tenant owed back rent of $11,714 through February 2022. Landlord sought a default judgment when tenant failed to answer the petition. Tenant then appeared in court, and the case was adjourned for tenant to seek legal assistance. Tenant filed an ERAP application for rental assistance in September 2022, before the next court date.

Landlord asked the court to vacate the automatic stay of proceedings that resulted from tenant's new ERAP application and pointed out that tenant already had received ERAP relief. Tenant's attorney argued that didn't matter because tenant's new application was pending and the ERAP stay was required by law.

The court ruled for landlord and vacated the ERAP stay. It was undisputed that OTDA had made a final determination of tenant's ERAP eligibility when it approved the first of tenant's three ERAP applications and paid landlord $16,605 in August 2021. This covered 12 months of back rent and one month of prospective rent at $1,277 per month. Tenant didn't appeal that decision. Instead, over a year later, tenant reapplied twice more, apparently trying to secure two additional months of prospective rent only--the maximum possible additional rent permitted under the ERAP statute. OTDA also stated on its website that, while a household may apply for ERAP funds more than once, if ERAP paid 12 months of rent and declined to approve three months of prospective rent, a subsequent application for prospective rent only was not permitted. Based on OTDA's published rule, tenant clearly wouldn't be successful in her efforts to secure additional ERAP funds. So tenants' pending appeal of the denial of her second application, and her recently filed third application, were "futile." The court granted landlord's request to vacate the new ERAP stay.   

Townsend Ave. Realty Assoc. LLC v. Henriquez: 77 Misc.3d 1222(A), 2023 NY Slip Op 50019(U) (Civ. Ct. Bronx; 1/9/23; Lutwak, J)