Court Won't Vacate ERAP Stay Where Lease Not Renewed But No Eviction Warrant Yet Executed

Landlord sued to evict unregulated tenant in 2013, after landlord didn't renew tenant's lease and terminated her tenancy. Tenant claimed she was rent stabilized, and the case was stayed while the DHCR considered tenant's rent overcharge complaint. Once the DHCR proceeding and Article 78 appeal by tenant were completed, the parties settled the eviction case in April 2019 with a possessory judgment entered in landlord's favor along with a money judgment for $28,000 for back rent owed by tenant. The eviction warrant was issued in October 2019, but tenant sought a number of delays. Tenant filed a Hardship Declaration that delayed the case until Jan. 15, 2022, and in April 2022 tenant applied for ERAP relief. This again stayed the eviction case. The OTDA denied tenant's ERAP application, finding her ineligible, but tenant filed a second ERAP application one day before landlord asked the court to vacate any ERAP stay based on denial of her initial ERAP application. Landlord then asked the court to vacate the second ERAP stay. 

The court ruled against landlord and upheld the ERAP stay. The court pointed out that many of the cases where courts have vacated ERAP stays involved "futility" because the apartment occupant was a licensee, squatter, or employee. In this case there had been a landlord-tenant relationship. The court disagreed with other court decisions that vacated ERAP stays where landlord had commenced an eviction proceeding after the lease term had expired and a lease wasn't renewed. Also, under statutory amendments under HSTPA, the landlord-tenant relationship is no longer severed by the issuance of an eviction warrant. It is extinguished only after execution of the warrant. So, in this case, the landlord-tenant relationship wasn't yet severed.

Felitia 436 Convent Ltd. v. Simmers: Index No. 082612/13, 2023 NY Slip Op 23049 (Civ. Ct. NY; 2/16/23; Bacdayan, J)