Hey all. NY Landlord with a tenant eviction issue... Trying to sell a house (have an active buyer), but tenant will not leave... The tenant has broken lease (explained below), but is hanging on by ERAP ruling by a judge (also explained below).I own a home with a tenant that signed a lease that states if house is sold, tenant has 60 days after written notification to vacate home. Home was sold, written notice was given- tenant stopped paying rent at point and refused to leave home. Landlord filed for eviction under broken lease, due to not vacating after letter of sale notification was emailed and mailed, given an extra 30 days to vacate, (90 in total).
Tenant filed for ERAP AFTER receiving eviction notice (Emergency Rental Assistance Program). Based on the tenant having filed for ERAP, and the judge ruled she couldn’t make decision due to outstanding ERAP application. Eviction matters with a related pending ERAP application continue to be stayed until a final determination of eligibility for the rental assistance is issued by the Office of Temporary and Disability Assistance (OTDA). The problem is, the ERAP program is out of funds, and even though tenant applied for program AFTER funds were already gone, the judge has said because the OTDA has not ruled on this tenant's case, we cannot evict based on ERAP- BUT the OTDA is no longer reviewing applications because there's no money to be issued.
We're unsure where to go from here- house can’t sell without being vacated, tenant won’t vacate or pay, and government doesn’t have funds and therefore isn't reviewing the previously filed applications.
Has anyone run into a situation like this? Any advice?
A sincere thank you in advance!
