RJS filed a nonpayment proceeding against his tenant, CS, seeking possession apartment and unpaid rent totaling $63,010, covering the period from February 2021 to October 2021. But in response to the financial strain caused by the COVID-19 pandemic, CS applied for assistance through the Emergency Rental Assistance Program (ERAP) in July 2021 and was provisionally approved for assistance covering the period February to July 2021.
While the nonpayment proceeding was initially stayed, due to the tenant's pending ERAP application, the stay was later lifted. The tenant then moved to dismiss the case, but the Suffolk County District Court denied that request. Instead, the judge opted to conduct a nonjury trial and awarded the landlord possession of the property and issued a money judgment for the unpaid rent.
On appeal, the Appellate Term, Second Department, concluded that the nonpayment proceeding should not have been initiated while the tenant’s ERAP application was still pending. According to the law, eviction proceedings for nonpayment of rent or utilities that would be eligible for ERAP coverage cannot be maintained against a household with a pending ERAP application unless a determination of ineligibility has been made. Because that did not occur here, the appellate court concluded that the proceeding had been “improperly commenced,” and was thus compelled to reverse the underlying judgment, and dismiss the petition.
Now that’s a ERAP!
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DECISION