Occupant Who Claims Succession Rights Maintains ERAP Stay Until Decided by OTDA

June 27, 2022

LVT Number: #32092

Landlord sued to evict apartment occupant after rent-stabilized tenant died. The occupant claimed succession rights as tenant's adopted child, and also filed an ERAP application. Despite landlord's request to vacate the ERAP stay, the court ruled to keep the stay in place because the occupant had "presented a colorable claim of succession rights." And, although landlord stated that it wouldn't accept ERAP payments, it didn't waive its right to use and occupancy while the case was pending.

Landlord sued to evict apartment occupant after rent-stabilized tenant died. The occupant claimed succession rights as tenant's adopted child, and also filed an ERAP application. Despite landlord's request to vacate the ERAP stay, the court ruled to keep the stay in place because the occupant had "presented a colorable claim of succession rights." And, although landlord stated that it wouldn't accept ERAP payments, it didn't waive its right to use and occupancy while the case was pending.

Eight-17 Associates v. LP v. Cameron: Index No. L&T300324/2020 (Civ. Ct. NY; 5/19/22; Finkelstein, J)[6-pg. document]

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