Rutledge Apartments LLC v. Rodriguez

• Citation: 2023 NY Slip Op 23118
• Decision Date: 20 April 2023
• Docket Number: Index No. LT-055710-20/QU
• Parties: Rutledge Apartments LLC, Petitioner(s) v. Juan Rodriguez; Ana Sanchez, Respondent(s)
• Court: New York Civil Court

2023 NY Slip Op 23118

Rutledge Apartments LLC, Petitioner(s)
v.
Juan Rodriguez; Ana Sanchez, Respondent(s)

Index No. LT-055710-20/QU

Civil Court of the City of New York, Queens County

April 20, 2023

Maria Ressos, J.

Recitation, as required by CPLR 2219(a), of the papers considered in the review of this motion.

Papers/Numbered

Notice of Motion (Seq. 01), Affirmation and Affidavit in Support 1

NYSCEF Doc. No. 4, 5, 6

Notice of Motion (Seq. 02), Affirmation and Affidavit in Support 2

NYSCEF Doc. No. 12, 13, 14

Affirmation in Opposition to Motion 3

NYSCEF Doc. No. 18

Exhibits 4

NYSCEF Doc. No. 7, 8, 15, 16, 19, 20, 21

Court File, NYSCEF Doc. No. 1 through 21

Upon the foregoing cited papers, the Decision/ Order on this motion vacate the ERAP stay (Seq. 02) and motion for a default judgment (Seq. 01) is as follows:

This summary nonpayment proceeding was commenced by Notice of Petition and Petition dated July 21, 2020 seeking a monetary and possessory judgment of the subject premises located at 89-31 Rutledge Avenue, Apt. A, Glendale New York 11385. At the time, petitioner was seeking a total of $6,960.60 in arrears from April 2020 through and including July 2020. Respondent failed to interpose an answer and as directed by DRP 217/222 and AO/34/33, petitioner filed a motion (Seq. 01) for a default judgment on March 25, 2022. The motion was scheduled to be heard in the Housing Motion Part ("HMP") on June 14, 2022 where respondent, Juan Rodriguez, appeared for the first time and was referred to counsel, Queens Legal Services ("QLS"). The case was assigned to resolution Part D and adjourned two more times in the part.

By Notice of Appearance, QLS appeared on behalf of respondent Rodriguez. An attorney answer was filed on NYSCEF on September 15, 2022. On October 6, 2022, the matter was stayed and placed on the COVID-19 Emergency Rental Assistance Program ("CERAP" or "ERAP") Administrative Calendar due to the pendency of Application No. 1NKYQ. Petitioner filed the instant motion (Seq. 02) to vacate the stay and remove the matter off the Administrative Calendar on October 26, 2022. At the time petitioner's motion was filed, the ERAP application status was "under review." However, by the time the motion was heard, the application was denied and an appeal was allegedly pending. The court does not find the change in application status, largely due to the delay between the filing of the motion and when it was calendared, detrimental to the relief petitioner is seeking. Respondent's counsel did not object or raise it as an issue. After conference of the motion on January 23, 2023, the court reserved decision on the papers.

Petitioner asks that this court vacate the stay imposed by The COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2021, Chapter 56 of the laws of 2021 ("CEEPFA"), specifically, subpart A of part BB of Chapter 56 of the Laws of 2021 establishing a COVID-19 emergency rental assistance program. Petitioner alleged that respondent owed $63,170.37 in rental arrears through October 31, 2022. The court notes that this balance only reflected what was owed at the time petitioner's papers were drafted and more months might have come due as of the date of this decision. Petitioner argues that even if respondent's ERAP application were to be approved at the maximum amount of $33,750.00 (15 months at a rate of $2,250.00 per month), respondent would still owe just as much or more in arrears. Therefore, maintaining the stay under these facts, would be "counterintuitive and prejudicial... [because] () approval of the application will not result in the preservation or creation of a tenancy." See, Actie v. Gregory, 2022 NY Slip Op 501117[U] (Civ. Ct. Kings Co. 2022). Petitioner argues that despite the statutory language imposing a...