Court Vacates ERAP Stay Where Tenant's Income Was Above Threshold for Relief

Landlord sued to evict a project-based Section 8 tenant from HUD-subsidized apartment for failure to complete the required annual recertification process for the apartment. Landlord asked the court to vacate an ERAP stay that applied automatically due to tenant's filing for assistance with OTDA. The court ruled for landlord. Tenant was a retired school teacher who lived alone on a fixed annual income of over $140,000 and nothing supported her claim that she was eligible for ERAP due to a reduction in household income, or that she incurred significant costs, or experienced other financial hardship, directly or indirectly, due to the COVID-19 pandemic. As landlord pointed out, tenant wasn't eligible for ERAP assistance because she receives income in excess of what a single household can earn to be eligible under the governing statute, and she had already paid what she claimed to be the maximum legal rent for each month that ERAP funds would be dispersed. The court later denied tenant's request to reargue the court's decision.

5th & 106th St. Assoc. LP v. Hunt: Index No. LT-054735-19, 2022 NY Slip Op 22205 (Civ. Ct. NY; 7/7/22; Bacdayan, J)