Kristiansen v. Serating

• Decision Date: 07 April 2022
• Docket Number: Index No. LT-51-21/HU
• Citation: 75 Misc.3d 331,165 N.Y.S.3d 828
• Parties: Ivor KRISTIANSEN, Petitioners v. Lance SERATING; Debra Serating; "John" "Doe"; "Jane" "Doe", Respondents.
• Court: New York District Court

75 Misc.3d 331
165 N.Y.S.3d 828

Ivor KRISTIANSEN, Petitioners
v.
Lance SERATING; Debra Serating; "John" "Doe"; "Jane" "Doe", Respondents.

Index No. LT-51-21/HU

District Court, New York, Suffolk County, Third District.

Decided on April 7, 2022

165 N.Y.S.3d 829

Toscani Law Firm, P.C., Richard Toscani, Esq., Attorney for Petitioners, 490 Wheeler Road, Suite 270, Hauppauge, N.Y. 11788

Lance Serating, Debra Serating, Pro Se Respondents

C. Stephen Hackeling, J.

75 Misc.3d 332

The Court scheduled a hearing to ascertain the applicability of any statutory stays to the above captioned summary eviction proceeding. If none existed, the matter was to proceed to trial on the merits. At the hearing held March 12, 2022, the following facts were not disputed:

Uncontested Facts

1. The respondent tenants, Lance Serating and Debra Serating (hereafter "the Seratings" or "tenants") stopped paying rent in February 2020, after taking residence in the subject premises (64 Harrison Drive, East Northport, New York 11731) pursuant to a written 2 year lease dated May 7, 2019, which expired upon its own terms and now exists as a month to month tenancy at $3,200.00 per month.

2. There exists $60,800.00 (19 months) of rental arrears running through March, 2022.

3. The landlord Ivor Kristiansen (hereafter "landlord"), commenced this holdover action pursuant to petition dated April 2, 2021 after prior proper service of a ninety (90) day notice of lease termination.

4. The Seratings filed an application for rental relief under New York's Emergency Rental Assistance Program, L.2021, C. 417, Part A § 4. (hereafter, "ERAP") on January 14, 2022. The status of the ERAP application on this date was "not completed" "pending Documents".

5. The landlord does not want any ERAP funding, and refuses to participate in the tenant's application.

Disputed Facts

The lone disputed fact is whether the Seratings are actively prosecuting their ERAP petition in "good faith". See, Barton v. Bixler , 2022 N.Y. Slip Op. 50228(U), 2022 WL 969141 (Dist. Ct. Suff. Co. 2022) for this Court's opinion allowing for...