Pending ERAP Application Won't Delay Eviction Proceeding for Former Super

LVT Number: #31999

Landlord sued to evict the building's former superintendent after the super's employment was terminated in September 2021. The super lived in an apartment in the building as an incidence of his employment and didn't pay rent. Among other things, landlord claimed that the super was persistently and unreasonably behaving in a way that substantially infringed on the use and enjoyment of other tenants or causing a substantial safety hazard to others, including the landlord and tenants. Landlord was also unable to install a new super in the apartment while the old super remained.

In October 2021, the super filed a Hardship Declaration. In January 2022, the super filed an ERAP application.  Landlord asked the court to lift any stays resulting from the Hardship Declaration and ERAP application.

The court noted that the Hardship Declaration was moot effective Jan. 15, 2022. The court otherwise ruled for landlord and lifted the ERAP stay. The super had no lawful obligation to pay rent at any time. His possession of the apartment was purely incidental to his now terminated employment. Landlord stated that it wouldn't participate with ERAP on the super's behalf and wouldn't create a tenancy. The ERAP site also showed that the super hadn't submitted "all tenant information and documentation verified." So, NY State couldn't complete the super's ERAP application and would likely deny it for failure to supply the required information. It appeared that the super filed the ERAP application simply to delay the proceeding.  The court set a date for placement of the case on its calendar. 

Karan Realty Assoc. LLC v. Perez: Index No. LYT306418/21, 2022 NY Slip Op 22093 (Civ. Ct. Queens; 3/25/22; Kuzniewski, J)