Q: Can tenant still be evicted after applying for rental assistance that is pending?
We have a tenant who has almost never paid rent in full since he started living here but when covid started he stopped paying or would pay small amounts. We were hoping to be able to convict him once the moratorium was over but now he applied for the rental assistance program and it's pending. We had a lawyer told us he can't be evicted during this time. He has also cause many other issues besides missing on the rent like property damage and noise. We are hoping to get rid of him ASAP.
A:
How does ERAP affect my eviction case?
If you have a pending eviction proceeding, your ERAP application will stay (temporarily stop) your eviction case. This stay remains until a decision is made on your ERAP application. Housing Court will not hear your case and you cannot be evicted during this stay.
If ERAP pays the back rent you owe, your eviction case will be dismissed. If your landlord receives payment for your rent arrears from ERAP, they cannot raise your rent or attempt to evict you for at least 1 year from the receipt of payment.
https://www.nycourts.gov/COURTS/nyc/civil/CORONA/covid-ERAP.shtml
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