Court Denies Landlord's Request to Lift ERAP Stay in Nonpayment Proceeding

Landlord sued to evict tenant for nonpayment of rent in December 2019.  in February 2020, the parties, both represented by attorneys, signed a so-ordered settlement stipulation for $10,297 in back rent with issuance of an eviction warrant forthwith and a stay on execution of the warrant until March 31, 2020, so that tenant could have a chance to pay the rent and avoid eviction. The case was delayed when COVID closed the courts in March 2020, and in January 2021, tenant filed a Hardship Declaration that resulted in an automatic stay through Jan. 15, 2022. In December 2021, tenant notified the court that he had filed an ERAP application for rental assistance. This filing resulted in an additional automatic stay of the court proceeding.

Landlord asked the court to vacate the ERAP stay in July 2022. Landlord pointed out that tenant owed more than 15 months of back rent, which was the maximum amount that the ERAP program would pay on tenant's behalf. Landlord argued that, at most, the court should retain the ERAP stay only for the portion of rent that could be covered under the law. 

The court ruled against landlord. While acknowledging that the court had the authority to rule on whether the ERAP stay applied or should be lifted, based on the circumstances of each case, the court found that tenant was entitled to the ERAP stay even if she owed more than 15 months in back rent and ERAP wouldn't cover all that was owed. The ERAP stay applied under the law if a tenant applied for the program to cover "all or part of the arrears claimed." The court disagreed with landlord's further claim that the ERAP stay violated its due process rights. 

Elton Owner III LLC v. Vasquez: Index No. L&T 88152/19, 2023 NY Slip Op 31058(U)(Cit. Ct. Kings; 3/29/23; Sherman, J)