a tenancy contrary to the terms of the OTDA obligations that were triggered upon the
acceptance of ERAP funds. JSB
Props. LLC v. Yershov, 77 Misc 3d 235 [Civ Ct NY Co 2022] (landlord's
acceptance of ERAP constitutes landlord's agreement not to evict due to expired lease or
holdover tenancy for 12 months, citing L. 2021, c. 56, Part BB, Subpart A, §
9[2][d][iv]).
Petitioner is bound by the obligations that accompanied the acceptance of ERAP
funds.
The relevant provision provides that upon the acceptance of rental assistance
program funds it shall constitute [an] agreement by the recipient landlord:
iv) not to evict for reason of expired lease or holdover tenancy any
household on behalf of whom rental assistance is received for 12 months after the first
rental assistance [*3]payment is received, unless the
dwelling unit that is the subject of the lease or rental agreement is located in a building
that contains 4 or fewer units, in which case the landlord may decline to extend the lease
or tenancy if the landlord intends to immediately occupy the unit for the landlord's
personal use as a primary residence or the use of an immediate family member as a
primary residence; and (v) to notify the tenant of the protections established under this
subdivision. [L. 2021, c. 56, Part BB, Subpart A, as amended by L.2021, c. 417, Part
A. §5(d)(iv)]
Based upon the testimony and documents presented,
petitioner was in violation of the obligation created upon acceptance of ERAP funds. The
predicate notice was used to support this holdover case during the 12-month window
period when no such proceeding was to be commenced. Petitioner's request for a final
judgment of possession cannot be granted as the predicate notice was defective from its