Court Dismisses Holdover Proceeding Started After Tenant Filed ERAP Application

LVT Number: #32009

Landlord sued to evict an unregulated tenant in October 2021 after serving a 90-day termination notice. Tenant filed a Hardship Declaration in November 2021. Tenant also advised the court that she had filed an ERAP application in September 2021. The court then stayed the case. Landlord asked the court to put the case back on the calendar, stating that she wouldn't accept money from ERAP and just wanted possession of the apartment. The court ruled against landlord, and granted tenant's request to dismiss the case.

Landlord sued to evict an unregulated tenant in October 2021 after serving a 90-day termination notice. Tenant filed a Hardship Declaration in November 2021. Tenant also advised the court that she had filed an ERAP application in September 2021. The court then stayed the case. Landlord asked the court to put the case back on the calendar, stating that she wouldn't accept money from ERAP and just wanted possession of the apartment. The court ruled against landlord, and granted tenant's request to dismiss the case. Landlord shouldn't have started the court proceeding while an ERAP application was pending. The ERAP law clearly prohibits a landlord from commencing an eviction proceeding against a household that has applied for the program.

Lichmore-Smith v. Medina: Index No. 50337-21, NYLJ No. 1648538967 (Civ. Ct. Kings; 2/23/22; Slade, J)