Case Type
Non-payment
Housing Type
Rent Stabilized
Court
Appellate Term, Second Department
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
2024-1337 K C
Slip Opinion Number
2026 NY Slip Op 50195(U)
Petitioner
1750 Associates, LLC
Respondent
Lily Elbaz, "John Doe", "Jane Doe"
Judge
Toussaint, Wavny, P.J.; Mundy, Marina Cora; Ottley, Lisa S.
Decision/Order Date
2026-01-23
Posture
Post-judgment Motion by Landlord
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this nonpayment proceeding, the landlord sought to recover rent for a rent-stabilized apartment after the lease expired and Emergency Rental Assistance Program (ERAP) funds were accepted. The Civil Court dismissed the petition, finding the landlord failed to establish a prima facie case as no lease was in effect, and acceptance of ERAP funds does not create an agreement under RPAPL 711(2) to pay rent. The Appellate Term affirmed the denial of the landlord's motion to set aside the dismissal, holding that while ERAP acceptance restricts landlords from certain holdover actions for 12 months, it does not constitute an agreement by the tenant to pay rent for that period.
Keywords
Acceptance of ERAP Funds Not Basis for Nonpayment Where No Lease Was In Effect At Time Proceeding Commenced
Recommended Citation
"1750 Associates, LLC v. Elbaz" (2026). All Decisions. 2142.
https://ir.lawnet.fordham.edu/housing_court_all/2142
