EVICT ERAP Applicant to Move in Immediate Family

Rental Property Investor · NYC and South Carolina · Member since 2019 · 60 posts · 29 votes

I have NYC tenants in a 2-fam that stop paying rent May 2022. In September, I filed a holdover case to evict. We’ve had 2 court dates. The next court date will be Feb 2023. They recently applied for ERAP. I don't want to participated in ERAP. I intend to move my immediate family into the unit.

Has anyone successfully evicted a tenant with an ERAP application for the purpose of moving in immediate family?

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Nathan GesnerBusiness Member

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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes

I don't understand how Landlords can let this happen.

I would stop trying to do this on your own. If you screw up, the Tenant can stretch this out and cost you even more. Hire an attorney immediately and get this done right.

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Nathan GesnerBusiness Member
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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
3y
I don't understand how Landlords can let this happen.
I would stop trying to do this on your own. If you screw up, the Tenant can stretch this out and cost you even more. Hire an attorney immediately and get this done right.

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Delicia M.
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Rental Property Investor · NYC and South Carolina · Member since 2019 · 60 posts · 29 votes
3y
@Nathan Gesner thanks for your reply. I have an attorney that handles everything. Just seeking feedback in the forum.
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Nathan GesnerBusiness Member
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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
3y
Quote from @Delicia M.:

@Nathan Gesner thanks for your reply. I have an attorney that handles everything. Just seeking feedback in the forum.

It takes 9-10 months to evict a non-paying Tenant, even when using an attorney?
Gotta love the Big Apple!
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Phillip AustinPro Member
Property Manager · Denver, CO · Member since 2023 · 236 posts · 204 votes
3y
Insane. I can understand the courts taking longer over the holidays but it's still shocking.
Due to the tenant friendly judges in NYC, you most likely cannot evict a tenant pending ERAP assistance. But, it's something your attorney should look into prior to your next court date in Feb.
Try to offer the tenant "cash for keys." It's a long shot but it beats waiting 3 more months for an eviction.
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Delicia M.
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Rental Property Investor · NYC and South Carolina · Member since 2019 · 60 posts · 29 votes
3y
@Phillip Austin thanks for your response. My attorney is filing an holdover affidavit that states “The Petitioner seeks to waive arrears which would be issued by Emergency Rental Assistance program (“ERAP”) in consideration for the ERAP stay to be vacated, and would prefer to proceed on the instant matter instead of accepting ERAP payment.” I hope it works.
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