Court Denies Landlord's Request to Vacate ERAP Stay

Landlord sued to evict tenant in Ithaca City Court. Tenant then filed an ERAP application, which automatically stayed the case pending a ruling by the State Office of Temporary and Disability Assistance (OTDA) on tenant's application. Landlord asked the court to vacate the stay, pointing out that it wasn't seeking a judgment for past-due rent. The court ruled against landlord and pointed out the law made no exceptions to the stay except if a tenant was engaged in nuisance behavior or property damage. Landlord argued that the ERAP statute could be read to prohibit the stay when rental arrears are waived. But the court pointed to a prior case decision rejecting that interpretation of the law. Landlord's choice not to participate in the ERAP program didn't relieve it from the effects of the statute. Even if landlord refused to accept ERAP funds from OTDA if granted, tenant was entitled to have an eligibility determination because additional benefits were available under ERAP, such as limitations on future eviction actions and prospective rent. 

Rosetree Props., LLC v. Headlam: Index No. LT-49183-22, 2022 NY Misc. LEXIS 6176 (City Ct. Ithaca, Tompkins Co; 10/21/22; Wallace, J)