Termination Notice Didn't State That Landlord Had Accepted ERAP Funds

August 29, 2023

LVT Number: #32741

Landlord sued to evict unregulated tenant after serving a 90-day termination notice. Tenant asked the court to dismiss the case because the termination notice was fatally defective. The 90-day notice made no mention of the fact that landlord had accepted ERAP funds. Tenant pointed out that landlord couldn't evict tenant for at least one year after accepting the ERAP funds for payment of tenant's back rent. Landlord argued that there was no need to dismiss the case and that the court should just stay the case for a year.

Landlord sued to evict unregulated tenant after serving a 90-day termination notice. Tenant asked the court to dismiss the case because the termination notice was fatally defective. The 90-day notice made no mention of the fact that landlord had accepted ERAP funds. Tenant pointed out that landlord couldn't evict tenant for at least one year after accepting the ERAP funds for payment of tenant's back rent. Landlord argued that there was no need to dismiss the case and that the court should just stay the case for a year.

The court ruled for tenant. Landlord wasn't permitted to bring the eviction proceeding against tenant at this time. And it was unreasonable for the termination notice to remain silent as to landlord's acceptance of ERAP funds.

Herzl Realty LLC v. Almodovar: Index No. L&T 32800/2022, 2023 NY Slip Op, NYLJ No. 1690503998 (Civ. Ct. Kings; 6/29/23; Poley, J)

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