Tenant Didn't Prove an Appeal of OTDA's Denial of Assistance Was Pending

May 23, 2023

LVT Number: #32572

Landlord sued to evict tenant for nonpayment of rent. The case was later stayed automatically when tenant filed an ERAP application for rental assistance. Landlord later asked the court to vacate the ERAP stay. By the time the court heard landlord's motion, OTDA had denied tenant's ERAP application. Tenant claimed that an appeal of that decision was pending. The court ruled for landlord, finding tenant failed to prove an appeal of the OTDA's decision was pending. 

Landlord sued to evict tenant for nonpayment of rent. The case was later stayed automatically when tenant filed an ERAP application for rental assistance. Landlord later asked the court to vacate the ERAP stay. By the time the court heard landlord's motion, OTDA had denied tenant's ERAP application. Tenant claimed that an appeal of that decision was pending. The court ruled for landlord, finding tenant failed to prove an appeal of the OTDA's decision was pending. 

Rutledge Apts. LLC v. Rodriguez: Index No. LT-055710-20, 2023 N.Y. Slip Op. 23118, NYLJ No. 1682959852 (Civ. Ct. Queens; 4/20/23; Ressos, J)

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