No ERAP Stay Applied to Court Action for Money Judgment Only

Landlord sued tenant for breach of tenant's residential lease and sought an inquest to obtain a money judgment for back rent when tenant failed to respond to the summons and complaint served on him. Landlord claimed nonpayment of rent and nuisance by tenant, leading to termination of his tenancy. Tenant appeared in response to landlord's request for a default judgment and claimed he had reasonable excuses for failing to appear. Tenant said he had difficulty seeking an attorney due to finances, and he thought his application for ERAP assistance stayed the court action, while he continued ongoing settlement discussions with landlord.

But the court noted that ignorance of the law and the inability to afford legal counsel weren't reasonable excuses for defaulting. And tenant's ERAP application didn't stay the court action here because landlord didn't seek eviction but only a money judgment. The court also pointed out that tenant's prior ERAP application was denied due to income ineligibility. The court granted landlord's request for a default judgment and ordered an inquest to determine damages. 

36 & 37 Realty, LLC v. Patel: Index No. 150276/2022, 2023 NY Slip Op 30287(U)(Sup. Ct. NY; 1/30/23;Goetz, J)