ERAP Stay Vacated Because Co-Tenant Was Already Denied ERAP Assistance

Landlord sued to evict tenant for nonpayment of rent. Tenant filed an ERAP application, which automatically stayed the eviction proceeding. Landlord then asked the court to vacate the ERAP stay, pointed out that a co-tenant already had applied for ERAP and that prior application was denied by the NY State OTDA. The court ruled for landlord, noting that, since there had already been at least one determination of eligibility for the "household," the unit that the statute defines as the applicant for ERAP benefits, then there had been a determination of eligibility and the event that effectuated a vacatur of the stay had already occurred. So, any stay resulting from ERAP was no longer in effect. [Download PDF of decision here.]

Shemiran Co. DE LLC v. Rosenberg: Index No. 67375/2019 (Civ. Ct. NY; 12/5/22; Stoller, J)[6-pg. document]