Court Won't Vacate ERAP Stay Where Landlord Presents No Proof of Nuisance

Landlord sued to evict Yonkers tenant for violating his lease by permitting more than three people to live in his apartment. Landlord also claimed that tenant had damaged the apartment and that he threatened the health and safety of other residents. The case was stayed for a while after tenant filed a COVID-19 Hardship Declaration. Later, an automatic stay was imposed when tenant filed an ERAP application. Landlord asked the court to vacate the ERAP stay. It claimed that it had received LRAP funds and the ERAP application therefore was futile. Landlord also claimed that the ERAP law provided an exception to the stay based on nuisance by the tenant. The court ruled against landlord. The ERAP stay was automatic. And landlord didn't show that tenant created a nuisance. Landlord's claims were speculative, conclusory, and unsupported by any affidavit by a person with personal knowledge of alleged "hazardous conditions."

Cliff Props. Inc. v. Vega: Index No. LT-4842-19, 2022 NY Slip Op 51058(U)(City Ct. Yonkers; 10/19/22; Shako, J)