Nonprofit Tenant Can Evict Unauthorized Occupant Who Paid Landlord with ERAP Funds

Tenant, a community nonprofit organization, sued to evict apartment occupant, whom their deceased client/subtenant had permitted to live in the apartment in violation of tenant's house rules. Before the COVID pandemic began, the court had ruled for tenant without trial and issued an eviction warrant. Tenant now moved to reinstate the case, vacate any ERAP-related stays, and execute on the warrant. The occupant advised the court that OTDA had approved his ERAP application and paid the building's landlord back rent owed. Tenant pointed out that it never received or cooperated with occupant's ERAP application and would not have participated. The court granted tenant's motions for eviction, finding that the ERAP law only prevents the recipients of payments from evicting applicants. Since tenant didn't receive the ERAP payments, it wasn't bound by the ERAP law's 12-month eviction restriction.

Harlem Congregations for Community Improvement, Inc. v. Swindell: Index No. 58185/19, 2022 NY Slip Op 22215, NYLJ No. 1658251868 (Civ. Ct. NY; 7/14/22; Bacdayan, J)