Case Type
Holdover-Lease Expiration
Housing Type
Other
Court
Civil Court of the City of New York
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
315025/2023
Petitioner
BHUIYAN SHARIF
Respondent
OLIVERAS JACKIE
Judge
Lutwak, Diane E.
Decision/Order Date
2023-09-26
Posture
Other
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In a holdover eviction proceeding, the court dismissed the case based on the ERAP statute, which prohibits commencing eviction proceedings while a tenant's ERAP application is pending. The landlord's argument that they notified ERAP of their intention not to participate was deemed insufficient, as it came after ERAP had already made an eligibility determination. Therefore, the court granted the tenant's cross-motion and dismissed the proceeding without prejudice.
Recommended Citation
"Bhuiyan v. Oliveras" (2023). All Decisions. 1481.
https://ir.lawnet.fordham.edu/housing_court_all/1481
