Licensee Entitled to ERAP Stay

Landlord sued to evict tenant's daughter after tenant died. Landlord claimed that the daughter was a licensee who no longer had a right to be in tenant's apartment. The daughter asked the court to dismiss the case because landlord accepted ERAP payments on her behalf. Landlord claimed that it didn't accept payments and claimed that the ERAP statute's 12-month restriction on eviction didn't apply to licensee holdover proceedings. Landlord also asked the court to order the daughter to pay use and occupancy pending the outcome of the litigation. The court denied the daughter's motion to dismiss the case. But, if landlord accepted the payments, licensee was entitled to the 12-month restriction in light of the statute's legislative intent to protect those deemed eligible for assistance from eviction. The daughter could submit an answer to the petition. Landlord couldn't collect u&o due to hazardous conditions the daughter claimed were in the apartment.

The Park Central I LLC v. Price, Index No. 300011/20, NYLJ No. 1658246906 (Civ. Ct. Bronx; 5/25/22; Shahld, J)