Eviction Proceeding Commenced After ERAP Application Filed Must Be Dismissed

Landlord sued to evict the month-to-month tenant of an unregulated apartment in a two-family house after sending a 90-day termination notice. Landlord claimed that tenant owed rent and/or use and occupancy totalling $30,400 for the months between January 2022 and April 2023. Tenant soon filed an ERAP application and the court stayed the case. Landlord then asked the court to vacate the ERAP stay.

The court ruled that the ERAP stay should be vacated because tenant's second ERAP application was no longer pending. And landlord didn't start this eviction proceeding until more than 12 months after receiving ERAP funds in December 2021 under tenant's first ERAP application. Landlord also returned the money that OTDA approved and paid on tenant's second ERAP application. However, since tenant's second ERAP application was pending when landlord started the holdover proceeding, the proceeding must be dismissed. In addition, landlord didn't give OTDA written notice of its intent not to participate in the ERAP program until after OTDA already had made an eligibility determination.

Bhuiyan v. Oliveras: Index L&T Index No. 315025/2023, 2023 NY Slip Op 23288 (Civ. Ct. Bronx; 9/26/23; Lutwak, J)