PROCEDURE-COURT

Court Won't Lift ERAP Stay Despite Pre-Pandemic Rent Arrears

September 27, 2022    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant initially defaulted, but the case was reopened and tenant was given an opportunity to answer. But in March 2020, the case was delayed...

Holdover Petition Was Served Before Court Assigned Initial Return Date

September 27, 2022    

Landlord sued to evict tenant after tenant's lease expired. Landlord asked the court to vacate a stay of the holdover proceeding resulting from tenant's filing of an ERAP application. In response, tenant...

Eviction Proceeding Dismissed Due to Insufficient Termination Notice

September 27, 2022    

Landlord sued to evict tenant in 2020 based on failure to remove illegally erected apartment partitions and illegal subletting. Landlord had issued a notice to cure and termination notice in late 2019. Tenant asked...

Eviction Proceeding Dismissed Where Proof of Service Not Timely Filed

September 27, 2022    

Landlord sued to evict tenant and served its notice of petition and petition in compliance with RPAPL Section 735. Three days later, landlord filed proof of service of the petition. This was nine days before the...

Court Denied Landlord's Request to Vacate ERAP Stay

September 27, 2022    

Landlord sued to evict an ETPA/Section 8 tenant for nonpayment of rent. Landlord claimed that tenant owed over $10,000. Tenant filed an ERAP application, which stayed the proceeding. Landlord asked the court to...

Court Vacates ERAP Stay Where Unregulated Tenant's Tenancy Had Expired

August 25, 2022    

Landlord of two-family house sued to eject tenants of one unit. Their lease had expired on Jan. 31, 2019, after which they remained as month-to-month tenants. Landlord sent tenants a 90-day termination notice in...

ERAP Stay Vacated Where Occupant Claimed Succession Rights

August 24, 2022    

Landlord sued to evict apartment occupant after rent-stabilized tenant died. The occupant filed for ERAP assistance, which automatically stayed the proceeding. Landlord then asked the court to vacate the ERAP stay....

Court Vacates ERAP Stay Granted to Unlawful Subtenant

August 24, 2022    

Landlord sued to evict tenant for illegally subletting his apartment to an occupant. The case was stayed due to subtenant's filing of an ERAP application. Landlord asked the court to vacate the stay, arguing that...

Court Vacates ERAP Stay Where Tenant's Income Was Above Threshold for Relief

August 24, 2022    

Landlord sued to evict a project-based Section 8 tenant from HUD-subsidized apartment for failure to complete the required annual recertification process for the apartment. Landlord asked the court to vacate an ERAP...

Tenant Who Didn't Currently Occupy Apartment Entitled to ERAP Stay

August 23, 2022    

Landlord sued to evict tenant and her mother. At trial, tenant notified the court that she had a pending ERAP application, which automatically stayed the proceeding. Landlord asked for a hearing to vacate the stay...

Landlord's Filing of Second Predicate Notice Nullified Eviction Proceeding

August 23, 2022    

Landlord of a two-family house sued to evict tenant, who received Section 8 vouchers. Tenant asked the court to dismiss the case or give tenant time to file an amended answer. The court ruled for tenant because...

Acceptance of ERAP Funds in Licensee Holdover Doesn't Dismiss the Case

July 24, 2022    

Landlord sued to evict rent-stabilized tenant's daughter after tenant died. The case was delayed, initially by occupant's filing of a Hardship Declaration, then by her pending ERAP application. After ERAP...