Court Improperly Lifted ERAP Stay to Rule for Eviction in Nonpayment Case

Landlord sued to evict tenant for nonpayment of rent based on unpaid rent from May through August 2021 at $2,500 per month. In October 2021, landlord applied for assistance under the Landlord Rental Assistance Program (LRAP) In November 2021, tenants applied for ERAP assistance. Landlord got approval for the LRAP assistance, but tenant's ERAP application was denied. In May 2022, tenant reapplied for ERAP assistance for additional arrears and prospective rents. At trial, landlord testified that it intended to occupy tenant's apartment as a primary residence after tenant moved out. On that basis, the court ruled for landlord, finding that any ERAP stay in connection with tenant's second application would be lifted.

Tenant appealed and won. Since tenant's second ERAP application was pending, the trial was void and the ERAP stay remained in effect as a matter of law. Landlord's intention to use the apartment as his primary residence was irrelevant to this proceeding. The case was sent back to the lower court.

WHB Lilac, LLC v. McCarthy: Case No. 2022-481 SC, 2025 NY Slip Op 50635(U)(App. T. 2 Dept.; 4/17/25; Goldberg-Velazquez, JP, Garguilo, Walsh, JJ)