Court Vacates ERAP Stay Where Landlord Waived Rent Arrears and Tenant Lived Elsewhere

December 20, 2022

LVT Number: #32375

Landlord sued to evict month-to-month tenant. Tenant answered and applied for ERAP relief, which stayed the holdover proceeding. After waiting nine months without resolution of the ERAP application, landlord asked the court to vacate the ERAP stay. Landlord argued that he sought only possession and wouldn't accept any ERAP payment that required him to let tenant remain in the apartment. The court ruled for landlord, finding that payment of back rent wouldn't resolve the matter and that equities strongly favored landlord.

Landlord sued to evict month-to-month tenant. Tenant answered and applied for ERAP relief, which stayed the holdover proceeding. After waiting nine months without resolution of the ERAP application, landlord asked the court to vacate the ERAP stay. Landlord argued that he sought only possession and wouldn't accept any ERAP payment that required him to let tenant remain in the apartment. The court ruled for landlord, finding that payment of back rent wouldn't resolve the matter and that equities strongly favored landlord. Landlord had waived his right to rent arrears, and tenant had lived elsewhere for several months.

Sealy v. Bror: Index No. 896-21, 77 Misc.3d 1202(A), 2022 NY Slip Op 51099 (City Ct. Mt Vernon; 11/10/22; Johnson, J)

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