Provisional Approval of Occupant's ERAP Application Dissolved Stay of Eviction Case

Landlord sued to evict tenant for illegally subletting his apartment. The apartment occupant, but not the tenant, appeared in the court proceeding and showed that she had filed an ERAP application for rental assistance. Landlord asked the court to lift the ERAP stay and argued that the apartment occupant wasn't eligible for the ERAP program and that landlord wouldn't accept ERAP funds, even if approved by OTDA. The occupant pointed out that she was an occupant obligated to pay rent and that she had been provisionally approved by the ERAP program. The court ruled that the provisional approval received by the occupant dissolved the ERAP stay. And nothing in the ERAP statute required landlord to participate in the program. Landlord understood the consequences of nonparticipation although its nonparticipation did not warrant a further stay of the proceeding.

653 LLC v. Rosa-Blanco: 72 Misc.3d 1225(A), 2023 NY Slip Op 50033(U)(Civ. Ct. Bronx; 1/13/23; Ibrahim, J)