Court Refuses to Vacate ERAP Stay Where Tenant Was Subsidized

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant lived in NYCHA Section 8 housing, so landlord sued tenant only for her portion of the outstanding rent. Tenant advised the court that she had filed an ERAP application for rental assistance, which caused an automatic stay of the eviction proceeding. Landlord asked the court to vacate the ERAP stay, arguing that tenant's application would be given very low priority for processing by the NY State OTDA given her subsidized rental status. At the point of landlord's request, tenant's ERAP application already had been pending for 18 months.

The court ruled against landlord and continued the ERAP stay. The court disagreed with landlord's claim that tenant would be ineligible for ERAP relief due to her Section 8 status.

Elliot Place Props. Inc. v. Jaquez: L&T 309244/20, 2023 NY Slip Op 50067(U), 77 Misc.3d 1230(A), NYLJ No. 1675606546 (Civ. Ct. Bronx; 1/30/23; Shahid, J)