Court Won't Lift ERAP Stay Despite Pre-Pandemic Rent Arrears

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant initially defaulted, but the case was reopened and tenant was given an opportunity to answer. But in March 2020, the case was delayed during the COVID-19 pandemic. Tenant later advised the court that she had filed an ERAP application, which automatically stayed the proceeding. Landlord asked the court to vacate the ERAP stay.

The court ruled against landlord. The LRAP program had already paid tenant's rent for March 2020 through February 2021, and tenant still owed both nine months of pre-pandemic rent and 18 months of post-LRAP rent. Tenant had moved into the unit in July 2018 with assistance from the city's FHEPS rental assistance program. FHEPS made no rent payments for tenant after May 2019, and this hadn't been explained. Tenant met ERAP's eligibility standards as a tenant obligated to pay rent in their primary residence in the State of New York as well as someone who had demonstrated a risk of homelessness and as someone whose income met the ERAP criteria. 

Crotona Holdings LLC v. Santana: Index No. L&T52220/2019, 2022 NY Slip Op 50828(U)(Civ. Ct. Bronx; 8/29/22; Lutwak, J)