Tenant Who Didn't Currently Occupy Apartment Entitled to ERAP Stay

Landlord sued to evict tenant and her mother. At trial, tenant notified the court that she had a pending ERAP application, which automatically stayed the proceeding. Landlord asked for a hearing to vacate the stay and argued that tenant wasn't entitled to ERAP because she currently didn't live in the apartment, didn't experience a financial hardship, and wasn't at risk of homelessness. Tenant admitted that she didn't live at the apartment due to ongoing habitability issues that had been confirmed by a DHCR violation order. The court ruled against landlord. ERAP's eligibility criteria included those "entitled to occupy" a unit, tenant experienced financial hardship due to the pandemic, and the pending eviction proceedings placed tenant at risk  of housing instability, regardless of her current employment status.

Paul Associates LLC v. Williams: Index No. LT-1340-20, 2022 NY Slip Op 22207 (Westchester City Ct; 6/15/22; Medina, J)