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

May 23, 2024

LVT Number: #33206

Tenant sued for judicial review of several OTDA decisions denying his applications for ETPA rental assistance benefits. OTDA asked the court to dismiss the case as time-barred or, alternatively, to transfer the case to Albany County because that was where OTDA's office was located. The court refused to dismiss the case but transferred it to Albany County because that was where OTDA undertook its deliberations and made its determinations on ETPA applications.

Tenant sued for judicial review of several OTDA decisions denying his applications for ETPA rental assistance benefits. OTDA asked the court to dismiss the case as time-barred or, alternatively, to transfer the case to Albany County because that was where OTDA's office was located. The court refused to dismiss the case but transferred it to Albany County because that was where OTDA undertook its deliberations and made its determinations on ETPA applications. The only connection that the dispute had with NY County was that a separate company that acted as a ministerial filing and processing agent for the OTDA was located there.

Jankowitz v. NY State Office of Temporary Disability Assistance: Index No. 451904/2023, 2024 NY Slip Op 31077(U) (Sup. Ct. NY; 3/29/24; Kelley, J)

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