Tenant's Pending ERAP Application Stays Holdover Proceeding Not Based on Unpaid Rent

Landlord sued to evict tenant because tenant was holding over after service of a 90-day notice terminating her tenancy. Landlord sought a judgment of possession, warrant of eviction, as well as rent, late fees, and/or use and occupancy for arrears totaling $2,900. After the case commenced, tenant filed an ERAP application in June 2021, as well as a Hardship Declaration. Although a stay of the case resulting from the Hardship Declaration ended by law on Jan. 15, 2022, tenant's ERAP application remained pending, and had been pending for more than eight months when the court ruled on tenant's claim that the pending ERAP application continued to stay the proceeding.

Landlord argued that, since this was a holdover rather than a nonpayment case, and since it agreed to waive the amounts claimed due in its petition, the ERAP application shouldn't stay the proceeding. Landlord also argued that tenant wasn't eligible for ERAP relief.

The court ruled against landlord, finding that the plain language of the ERAP law stays both nonpayment and holdover proceedings until a ruling is made on a tenant's application. The case was stayed pending a final ruling on tenant's ERAP application. But, in the meantime, landlord could seek, on good cause shown, a due process hearing on any question as to whether tenant was engaging in conduct to frustrate, delay, or otherwise impede a final determination of her ERAP application.

Hudson Ave. Hous. Assoc., LLC v. Howard: Index No. LT-0131-21, 2022 NY Slip Op 22078 (Civ. Ct. Glens Falls, Warren Co.; 3/18/22; Hobbs, J)