Occupant Gets Stay of Eviction Case Based on CEEFPA and ERAP

LVT Number: #31819

Landlord sued to evict apartment occupants after rent-stabilized tenant died. Landlord claimed that occupants were licensees who had no right to remain. The occupants submitted hardship declarations. Landlord claimed that the COVID-19 Emergency Eviction and Foreclosure Prevention Act (CEEFPA) didn't apply to this case. But one of the occupants also filed an ERAP application. The court ruled that the case was stayed pending a final determination of occupant's eligibility for ERAP assistance.

Landlord sued to evict apartment occupants after rent-stabilized tenant died. Landlord claimed that occupants were licensees who had no right to remain. The occupants submitted hardship declarations. Landlord claimed that the COVID-19 Emergency Eviction and Foreclosure Prevention Act (CEEFPA) didn't apply to this case. But one of the occupants also filed an ERAP application. The court ruled that the case was stayed pending a final determination of occupant's eligibility for ERAP assistance. The court noted that licensees, in addition to tenants, were entitled to the benefit of the stay provisions of both laws.

204 West 55th Street LLC v. Mackler: Index No. 300325/21, NYLJ No. 1641578807 (Civ. Ct. NY; 12/2/21; Fang, J)