Nonpayment Proceeding Commenced in 2020 Remains Stayed Due to ERAP Filing

Landlord of a two-family house sued to evict tenant in September 2020 for nonpayment of rent. Tenant answered the petition in October 2020, then on Jan. 4, 2022, filed a Hardship Declaration that stayed the proceeding only through Jan.15, 2022. In February 2022, tenant notified the court that she had filed an ERAP application. This automatically stayed the court case. Landlord then asked the court for a hearing on whether the ERAP program resulted in a stay for this proceeding. Landlord claimed that tenant wasn't eligible. Landlord argued that, at the time tenant filed for ERAP assistance, there were no funds available and therefore tenant's application wasn't made in good faith. Landlord also pointed out that tenant had no lease, she hadn't paid rent since February 2019, and there was over $58,000 in back rent due. Landlord also said that the automatic stay violated his due process rights and that continuing the ERAP stay would be futile since landlord had no interest in continuing the landlord-tenant relationship. 

The court noted that the law stayed an eviction proceeding pending the outcome of tenant's ERAP application but that it had "inherent authority to determine eligibility for purposes of the stay, and any concerns when facts indicate a lack of fairness, credibility, fraud or bad faith." But the court ruled against landlord. Landlord didn't start a holdover proceeding against tenant based on termination of the tenancy, but had commenced its eviction proceeding based on tenant's nonpayment of back rent owed. So, the eviction proceeding was stayed pending the outcome of eligibility to be determined by the ERAP program.

Mason v. Reyes: Index No. LT59783/20, 2022 NY Slip Op 50458(U)(Civ. Ct. Kings; 5/31/22; Cohen, J)