A new development in the Emergency Rental Assistance Program (ERAP) will be of keen interest to certain New York residential property owners and landlords. For months, most evictions have been on hold against residential tenants with pending ERAP applications, even when funding for the program has run dry.
As of Jan. 20, 2023, the Office of Temporary and Disability Assistance (OTDA) closed the ERAP application portal to new applications. The agency will process all applications submitted on time in the order they were received. However, currently OTDA is only reviewing those received by Nov. 30, 2022. If the state government allocates additional funds to the program, the agency will consider applications submitted after Nov. 30.
Eviction rules under ERAP
Landlords and property owners will normally not be able to evict residential tenants in eviction proceedings (holdover, nonpayment or expired lease) if an ERAP application is pending for missed rent or utility payments that were due on or since March 2020 (the beginning of the COVID-19 crisis).
The court will likely stay such a proceeding pending resolution of the ERAP application, although as we have previously explained, courts have found narrow exceptions upon which to vacate ERAP eviction stays.
At least one lawsuit is pending challenging the constitutionality of ERAP stays of eviction.
Ongoing issues
We remain available to answer property owner questions about ERAP issues and to analyze individual circumstances in light of potential legal remedies. Things are in flux, and we will be alert to developments that might impact our clients’ interests and the eviction picture in New York City.
