No ERAP Stay Applies in Eviction Proceeding Based on Tenant Nuisance

Landlord terminated tenant's tenancy in May 2022 based on claimed illegal, objectionable, and nuisance conduct due to trading or selling drugs and stolen goods, permitting people access to the building for such illegal activity within the building at all hours, and stealing other tenants' mail and packages. Tenant claimed that landlord was attempting improperly to evict her because she had filed an ERAP application for rental assistance. The court ruled against tenant. The automatic ERAP stay was never in place in this case since landlord was seeking ejectment of tenant based on alleged nuisance behavior that would render void any ERAP stay. The court ruled for landlord and vacated the ERAP stay. It also denied tenant's request to vacate a default judgment against her.

Komi Corp. v. Lugo: Index No. 154942/2022, 2023 NY Slip Op 30591(U)(Sup. Ct. NY; 2/28/23; Goetz, J)