ERAP Stay of Nonpayment Proceeding Applies to Section 8 Tenant

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant's rent was subsidized through NYSHC's Section 8 Housing Choice Voucher Program. After the case was commenced, tenant filed an ERAP application. Landlord argued that ERAP's automatic stay of the proceeding should be lifted in this case because the program wouldn't pay any funds due to tenant's Section 8 status. The court ruled against landlord. The ERAP statute didn't exclude Section 8 subsidized tenants but made them eligible "to the extent that funds are remaining after serving all other eligible populations."

1661 Topping Realty LLC v. Goodwin: Index No. 309194/2020, 2023 NY Slip Op 30881(U), NYLJ No. 1679836722 (Civ. Ct. Bronx; 3/18/23; Lutwak, J)