Case Type
Holdover-Lease Expiration
Housing Type
Market Rate
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-304283-23/KI
Petitioner
Bikram Singh
Respondent
Doris Hawkins; Deanna Dewitt; Hiaria Hiraldodebregnan; John" "Doe"; "Jane" "Doe
Judge
Vendzules, Jason P.
Decision/Order Date
2023-12-11
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
The tenant moved to dismiss a holdover proceeding brought by their landlord. The landlord had sought to evict her after accepting funds from the COVID-19 emergency rental assistance program (ERAP) and then terminating her tenancy. The tenant argued that the ERAP statute barred the landlord from terminating her tenancy within one year of accepting the funds. The court agreed with the tenant and dismissed the proceeding.Key Legal Points:Accepting ERAP funds prevents a landlord from terminating a tenancy for one year, even if the eviction proceeding is not filed until after the year is up.Landlords cannot evict tenants for non-payment of rent if they have accepted ERAP funds to cover that rent.The court must interpret statutes in a way that gives effect to all parts of the statute and avoids nonsensical results.Landlords have a duty to inform tenants of their rights under the ERAP statute.|LT-304283-23KI.pdf
Recommended Citation
"Bikram Singh v. Doris Hawkins" (2023). All Decisions. 1299.
https://ir.lawnet.fordham.edu/housing_court_all/1299
