Tenant Appeal of OTDA's Denial of ERAP Assistance Must Be Filed in Albany County

A shareholder tenant in a co-op building applied for ERAP rental assistance from New York's Office of Temporary and Disability Assistance (OTDA). The co-op supported tenant's application. OTDA ruled that tenant was ineligible for ERAP assistance because she was a co-op building shareholder and therefore not obligated to pay "rent" as that term was defined in RPAPL Section 702 and made part of the ERAP definition of rent. Tenant then filed an Article 78 court appeal against OTDA, arguing that the agency's decision was arbitrary and unreasonable. Tenant filed her court proceeding in New York County, and OTDA asked the court in a timely manner to transfer the case to Albany County. The court ruled for OTDA since the agency made its ruling in Albany County, where its office was located. Contrary to tenant's argument, there were no "material events" that should keep the case in New York County. 

Bernstein v. Tietz: Index No. 453250/2022, 2023 NY Slip Op 31296 (Sup. Ct. NY; 4/21/23; Kelley, J)