Hudson Ave. Hous. Assocs. v. Howard

• Decision Date: 18 March 2022
• Docket Number: 2022-22078,Index LT-0131-21
• Court: New York City Court
• Parties: Hudson Avenue Housing Associates, LLC, Petitioner, v. Rachael Howard, Respondent

Hudson Avenue Housing Associates, LLC, Petitioner,
v.
Rachael Howard, Respondent

No. 2022-22078

Index No. LT-0131-21

City Court of Glens Falls, Warren County

March 18, 2022

Bartlett, Pontiff, Stewart & Rhodes, P.C., John D. Wright, Esq., of counsel, for the Petitioner

Legal Aid Society of Northeastern New York, Yoana Kostadinova, Esq., of counsel, for the Respondent

Gary C. Hobbs, J.

The issue in this case is whether Part BB, Subpart A, §8 of Chapter 56 of the Laws of 2021, as modified by L. 2021, c. 417, otherwise known as the COVID-19 Emergency Rental Assistance Program (ERAP) stays a holdover proceeding while an emergency rental assistance program application is pending, even where the Landlord-Petitioner is not seeking payment of rental arrears or reasonable use and occupancy for the subject property. For the reasons set forth below, this Court finds that an automatic stay does apply in holdover proceedings.

Background Facts

The Petitioner, Hudson Avenue Housing Associates, LLC, is the owner of 22 Columbia Avenue, Glens Falls, New York. The Respondent, Rachael Howard, is a tenant at apartment D in the subject property. On March 12, 2021, the Petitioner commenced a summary proceeding action seeking to evict the Respondent from the subject property on the grounds that the Respondent was holding over after service of a 90-day Notice terminating her tenancy [March 4, 2021, Verified Petition ¶s 3-6]. The Petitioner's Verified Petition sought a judgment of possession, warrant of eviction, together with a "judgment against the respondents for rent/late fees/use and occupancy charges in arrears as of March 4, 2021, in the amount of $2, 901.00" [March 4, 2021, Verified Petition ¶7]. On June 5, 2021, the Respondent filed an application of Emergency Rental Assistance with the Office of Temporary and Disability Assistance. The Respondent also filed her Hardship Declaration, which resulted in a stay of the summary proceeding to August 31, 2021, pursuant to Chapter 381 of the Laws of 2020, the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020. The stay was thereafter extended to January 15, 2022, by operation of Chapter 417 of the Laws of 2021 ["Act" (effective September 2, 2021), which reinstated many COVID-19 related protections for tenants in residential and commercial proceedings following the United States Supreme Court decision granting injunctive relief in Chrysafis v. Marks, 141 S.Ct. 2482 (2021). As of the date of this Decision and Order, the Respondent's ERAP application remains "pending." Thus, the Respondent's ERAP application has been "pending" for more than eight (8) months.

On January 19, 2022, the parties appeared in this Court. The Respondent asserted that, because there is a pending ERAP application, the Petitioner's summary proceeding was stayed pending final determination of the Respondent's ERAP application. The Petitioner asserted that the matter is a holdover proceeding, and the Petitioner is not seeking rental arrears. Respondent's counsel asserted that, pursuant to paragraph 7 of the Petition, the Petitioner is seeking a money judgment in the amount of $2901.00 for rental arrears or use and occupancy. The Petitioner's counsel responded that the Petitioner was waiving, on the Record, any claim to rental arrears or use and occupancy.

By letter motion dated January 20, 2022, the Petitioner asserted that the provisions of the COVID-19 Emergency Rental Assistance Program under Part BB, Subpart A, § 8 of Chapter 56 of the Laws of 2021, as modified by L. 2021, c. 417, only requires a stay of a summary proceeding where the Respondent would be eligible for coverage und the ERAP program. The Petitioner...