Removing Tenants Protected by ERAP in Upstate NY

[Joshua McCarthy]

Hello all

I'm currently house hacking my first property, a duplex, and am trying to get my current tenant out. I served her a 90 day notice to vacate in July so she stopped paying me. I filed for an eviction in July for non-payment so she filed for ERAP (Emergency Rental Assistance Program). My attorney told me even if I don't accept the payments she will still be protected for a full year under this program. I don't care about any payments I just want her gone. Does anyone know the best way for me to navigate this? Am I stuck living with her for a full year? If so, is it possible to raise the rent to market rate? Located in Upstate NY (Batavia). TIA!

Backstory:

I bought my first house 3 years ago when I was 26 years old to house hack. At the time, my friends' family was being foreclosed on and evicted from their home. I agreed to rent to just him for 750/mo on a month-to-month basis. His mother was living with a boyfriend at this time after being foreclosed on. Eventually I agreed to let her live here too since its a 2 bedroom unit. A few months later she asked if her other adult son can move in for a few months "until he got on his feet". I agreed. Now, 3 years later they're all still here. The two sons (age 30 and 32) sleep in the bedrooms and she uses the living room as a bedroom. I tried to raise rent to 950/mo which is still below market value and she started harassing me. She stomps around all day and slams doors. Her most recent move was putting a big tarp over the outside of the bay window of her unit on the front of the house. I gave her a 90 day notice in July  and that's when she first started not paying. She's been a traveling LPN this whole time but hasn't taken any jobs in about 4 months. My friend quit his job at the start of COVID because he got in an altercation at the restaurant where he worked with another employee. I was actually there at the time, he didn't start it, he's very passive but that's beside the point. Since then he hasn't worked besides some under the table side work here and there. The other brother does okay he works at ALDI. I'm not surprised NYS can tell someone that they have to forfeit their property to someone else for a full year. Lastly, I know the mistakes I made and will never make them again. The biggest one being sympathetically renting to someone who was just foreclosed upon. I don't know how younger me thought that was a good idea.

Thanks for reading and thanks for any recommendations or insight you can provide!

[Caroline Gerardo]

You went into this duplex as a business and allowed this bad credit family to treat you like a doormat. 

New York favors tenants, I won't do loans in NY because the laws are not in favor of businesses.

So you have this array of things against you.

The tarp is either they are hiding activity inside or want to claim you invade their privacy. Maybe growing something... The chairs holding the bottom and wood planks belong to whom? I would write a note that hooking this by bungee cord to US Post box may violate 18 US Code  1701. If the patio furniture is yours put it in the garage. What are city codes read here: https://ecode360.com/8982658   don't report her it will end up costing you but see if there is any violation you can mention. Keep the letter short and sweet give them a time frame to take it down like ten days.

Get earplugs, thicker skin, and don't engage in discussions, never ever respond in anger, it will escalate. 

So the son is still a friend? Gently talk to him that this is a business and you need the income.  Follow what your attorney says. If you try and raise the rent they are not going to pay it. If you ever get a judgement what is likelihood they will pay -.001% They have been on the downward slide a long time.

The mom and