The case of WHB * LLC v. M* revolves around a landlord-tenant dispute concerning unpaid rent and the application of rental assistance programs.
The landlord initiated a nonpayment proceeding against its tenants, seeking possession of the property and payment of rent arrears. The tenants, in response, applied for Emergency Rental Assistance Program (ERAP) benefits, which, under the law, should have resulted in an automatic stay of the eviction proceedings.
During the trial, the landlord argued that they intended to use the property as their primary residence, which the Justice Court the Village of Westhampton Beach, Suffolk County, accepted as a reason to lift the stay. However, on its review, the Appellate Term, Second Department, was view the view that this reasoning was flawed, as the landlord's intent to occupy the property was irrelevant in a nonpayment proceeding. The AT2 determined that the tenants' pending ERAP application should have resulted in a stay of the proceedings, rendering the trial void.
As a result, the appellate court reversed the Justice Court's final judgment and remitted the matter for a new trial.
We ain't staying around to see what happens next ....
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DECISION