Landlord commenced a holdover eviction proceeding against tenant alleging that more than three individuals reside in the apartment in violation of the lease agreement, the Yonkers City Code, and the Emergency Tenant Protection Regulations. In its notice to cure, landlord further asserted that tenant caused damage to the premises and failed to maintain the unit. Tenant answered and subsequently filed an Emergency Rent Assistance Program (“ERAP”) application staying the holdover proceeding. Landlord made a motion to vacate the ERAP stay because the matter is a pre-COVID holdover, it already received Landlord Rental Assistance Program (“LRAP “) funds, and the tenants pose a threat to the safety and welfare of the other residents and the building itself. Tenant argued that the receipt of LRAP funds does not prohibit applying for rental assistance from another program. The Westchester City Court agreed with the tenant and denied landlords motion, finding that its conclusory claims, unsupported by an affidavit from an individual with personal knowledge, did not provide a sufficient basis to vacate the ERAP stay on the grounds of nuisance.
Contact Buffalo Landlord Attorneys Justin R. Friedman and Robert Friedman at 716-543-3764 for advice on evictions, leases, rent collection and the proper screening of tenants.