Roommate Gets Stay of Tenant's Eviction Proceeding Based on ERAP Application Filing

May 25, 2022

LVT Number: #32053

Tenant sued to evict his roommate in 2022. The roommate filed an ERAP application in February 2022. Tenant asked the court to vacate the ERAP stay since the case was a holdover proceeding, not a nonpayment proceeding. The court ruled against the tenant. As an "occupant" within the meaning of the ERAP statute, and because she owed a rental obligation to pay rent to the tenant, the roommate's application qualified for a stay under Section 8 of the ERAP statute. ERAP stays applied to holdover proceedings as well as to eviction cases based on nonpayment.

Tenant sued to evict his roommate in 2022. The roommate filed an ERAP application in February 2022. Tenant asked the court to vacate the ERAP stay since the case was a holdover proceeding, not a nonpayment proceeding. The court ruled against the tenant. As an "occupant" within the meaning of the ERAP statute, and because she owed a rental obligation to pay rent to the tenant, the roommate's application qualified for a stay under Section 8 of the ERAP statute. ERAP stays applied to holdover proceedings as well as to eviction cases based on nonpayment. And the fact that tenant didn't want to participate in the program wasn't fatal to an ERAP stay. Tenant's input wasn't required for completion of the application. 

Laporte v. Garcia: Index No. L&T 001358/21, 2022 NY Slip Op 22126 (Civ. Ct. Bronx; 4/11/22; Shahid, J)

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