PROCEDURE-COURT

Court Denied Landlord's Request to Vacate ERAP Stay

September 27, 2022    

Landlord sued to evict an ETPA/Section 8 tenant for nonpayment of rent. Landlord claimed that tenant owed over $10,000. Tenant filed an ERAP application, which stayed the proceeding. Landlord asked the court to...

Court Vacates ERAP Stay Where Unregulated Tenant's Tenancy Had Expired

August 25, 2022    

Landlord of two-family house sued to eject tenants of one unit. Their lease had expired on Jan. 31, 2019, after which they remained as month-to-month tenants. Landlord sent tenants a 90-day termination notice in...

ERAP Stay Vacated Where Occupant Claimed Succession Rights

August 24, 2022    

Landlord sued to evict apartment occupant after rent-stabilized tenant died. The occupant filed for ERAP assistance, which automatically stayed the proceeding. Landlord then asked the court to vacate the ERAP stay....

Court Vacates ERAP Stay Granted to Unlawful Subtenant

August 24, 2022    

Landlord sued to evict tenant for illegally subletting his apartment to an occupant. The case was stayed due to subtenant's filing of an ERAP application. Landlord asked the court to vacate the stay, arguing that...

Court Vacates ERAP Stay Where Tenant's Income Was Above Threshold for Relief

August 24, 2022    

Landlord sued to evict a project-based Section 8 tenant from HUD-subsidized apartment for failure to complete the required annual recertification process for the apartment. Landlord asked the court to vacate an ERAP...

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

August 23, 2022    

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...

Landlord's Filing of Second Predicate Notice Nullified Eviction Proceeding

August 23, 2022    

Landlord of a two-family house sued to evict tenant, who received Section 8 vouchers. Tenant asked the court to dismiss the case or give tenant time to file an amended answer. The court ruled for tenant because...

Acceptance of ERAP Funds in Licensee Holdover Doesn't Dismiss the Case

July 24, 2022    

Landlord sued to evict rent-stabilized tenant's daughter after tenant died. The case was delayed, initially by occupant's filing of a Hardship Declaration, then by her pending ERAP application. After ERAP...

ERAP Stay Vacated by Court Where Occupant Was Former Super Who Never Paid Rent

July 21, 2022    

Landlord sued to evict its former building superintendent after his employment was terminated in October 2021. The super had lived in one of landlord's apartments since 2017 in connection with his employment....

Court Won't Vacate ERAP Stay Despite OTDA Statement That Section 8 Tenant Can't Get Funds

July 21, 2022    

Landlord sued to evict Section 8 tenant for nonpayment of rent. Landlord claimed that tenant owed $28,000 with arrears dating back to late 2018. Landlord asked the court to vacate a stay of the case imposed by tenant...

Provisional Approval of ERAP Application Vacates Stay of Eviction Proceeding

July 21, 2022    

Landlord sued to evict apartment occupants after rent-stabilized tenant died. The occupants claimed succession rights and filed a Hardship Declaration, which stayed the case until Jan. 15, 2022. The case was then off...

Court Administrative Order 158/22 Modifies Procedures in Eviction Proceedings

July 21, 2022    

On June 29, 2022, the New York State Court System issued AO/158/22 to address various procedures for eviction cases. Effective immediately, AO 158/22 supersedes AO/45/21 and AO/34/22.