ERAP Stay Vacated Where Occupant Claimed Succession Rights

LVT Number: #32201

Landlord sued to evict apartment occupant after rent-stabilized tenant died. The occupant filed for ERAP assistance, which automatically stayed the proceeding. Landlord then asked the court to vacate the ERAP stay. The court ruled for landlord. To be eligible for ERAP funds an applicant must be a tenant or occupant obligated to pay rent. But, at this point, occupant was only a licensee whose license to occupy the unit expired with tenant's death.

Landlord sued to evict apartment occupant after rent-stabilized tenant died. The occupant filed for ERAP assistance, which automatically stayed the proceeding. Landlord then asked the court to vacate the ERAP stay. The court ruled for landlord. To be eligible for ERAP funds an applicant must be a tenant or occupant obligated to pay rent. But, at this point, occupant was only a licensee whose license to occupy the unit expired with tenant's death. Until and unless the court ruled that the occupant had succession rights, the occupant had no obligation to pay rent since there was no lease between him and landlord. The case should go forward on the merits, while occupant's ERAP application was pending.

West 49th St. LLC v. O'Neill: Index No. 301352/2022, 2022 NY Slip Op 22222 (Civ. Ct. NY; 7/14/22; Bacdayan, J)