In our continuing series “Eviction Case of the Week,” each week we will discuss an interesting Landlord-Tenant case in which we were involved as counsel or observed while appearing in the Courts.
CASE OF THE WEEK
At the Nassau County District Court in Hempstead, we represented the landlord of a luxury rental building in a non-payment proceeding. In this case, the landlord was seeking unpaid rents from its tenant which accrued even after the tenant previously received 15 months of rent assistance (totaling approximately $73,000) through the Emergency Rental Assistance Program (ERAP). Under the ERAP program, following an ERAP award, among other things, a tenant is required to pay their rents going forward (as well as any rents not covered by the ERAP award). In this particular case, the tenants did not pay their rent following payment of the ERAP award and have accrued nearly $30,000 in additional rents owed.
At the appearance in the Nassau County District Court, the tenant acknowledged that they owed the monies but did not have a plan to pay the arrears. Rather, the Tenant erroneously believed that they could apply for further rental assistance through the ERAP program (ERAP assistance is limited to 15 months). As the tenant was unwilling to enter into a stipulation which could have addressed a portion of the arrears, the matter was set for a trial which will take place in the near future.
The point here is that as a tenant, even if you receive rental assistance through ERAP or similar programs, you will continue to be obligated to pay rents not covered by the program or be subject to eviction and potentially a large money judgment.
Whether you are a landlord or a tenant, it is best to consult with an eviction attorney such as our office to discuss your rights and remedies.
The Law Office of Bradley D. Schnur, Esq., P.C. represents residential and commercial landlords and tenants in eviction proceedings on a daily basis throughout Metropolitan New York (including Nassau County, Suffolk County, Westchester County, and Queens). Should you be in need of assistance in connection with a landlord or tenant eviction issue, please contact us at 516-758-6642 or 914-363-6250.