Court Grants Landlord Partial Exemption from ERAP Stay
LVT Number: #32052
Landlord sued to evict month-to-month tenants for nonpayment of rent in 2021. In 2022, tenants applied for ERAP assistance to pay arrears totaling $60,800 through March 2022. Landlord claimed that tenants weren't acting in good faith and asked the court to lift any stay of proceedings provided by the ERAP statute. Landlord claimed that it wouldn't participate in the ERAP program.
The court ruled for landlord in part. Since ERAP would at most cover 15 months of back rent, the court continued the stay of landlord's pursuit of $48,000 in arrears. But tenants must pay $12,800 in uncovered arrears on or before May 1, 2022, to avoid a judgment or eviction warrant.
Kristiansen v. Serating: Index No. LT-51-21/HU, 2022 NY Slip Op 22097 (Dist. Ct. Suffolk; 4/7/22; Hackeling, J)