NYC Tenant Eviction - will I get my rent back?

[Jinyu Shao]

Hi all! I have a co-op rental in NYC and a tenant who has been living there for 3+ years. She stopped paying rent mid last year and applied for ERAP. Earlier this year ERAP denied her application. I issued a 90-day notice as soon as I receive the email from ERAP. The 90-day notice period has expired and neither I nor the attorney has heard back from her. The management confirmed that she's still living there. 

My question is, what are the likelihood that the eviction will go through? Will I get my rent back? I'm working with an attorney but he can't guarantee anything. I just wanted to get an idea from the community and landlords who have gone through similar ordeals. Any feedback would be much appreciated! 

[Abel Curiel]

Quote from @Jinyu Shao:

Hi all! I have a co-op rental in NYC and a tenant who has been living there for 3+ years. She stopped paying rent mid last year and applied for ERAP. Earlier this year ERAP denied her application. I issued a 90-day notice as soon as I receive the email from ERAP. The 90-day notice period has expired and neither I nor the attorney has heard back from her. The management confirmed that she's still living there. 

My question is, what are the likelihood that the eviction will go through? Will I get my rent back? I'm working with an attorney but he can't guarantee anything. I just wanted to get an idea from the community and landlords who have gone through similar ordeals. Any feedback would be much appreciated! 

 Hello Jinyu,

Unfortunately, I have heard these types of responses from NYC attorneys quite often in the last 2-3 years. Some attorneys have told me and landlord clients of mine flat-out - "offer them cash for keys" - in lieu of a lengthy legal process.

Depending on the reason for the eviction, you could be looking at 6-12 months until the tenant is evicted despite NYC eviction rules and publications stating a possible 3-6 month timeline. 

Here is a recent article outlining the process and potential arguments that tenants may have to extend/delay the process even further.

NY laws and housing courts lean towards the tenants so if I had to guess, I'd say its unlikely that you'll get all of your rent back once the tenant vacates. If they aren't paying while living in the unit, it will take a lot of effort to get $ back when they no longer occupy the unit. 

You may also want to take @Nathan Gesner's advice here and seek a second/third opinion from an attorney. You may hear more of the same but perhaps someone can explain this all in more detail as it relates to your specific situation. Happy to recommend someone if needed.

All the best!

Abel