Case Type
Non-payment
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-304756-22/KI
Petitioner
4912 Management Inc.
Respondent
Mercedes aka Mercedes Duran; Mercedes De Los Angeles Duran Medina
Judge
Sanchez, Enedina Pilar
Decision/Order Date
2026-09-09
Posture
Post-Answer Motion by Landlord
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
Court grants tenant's motion for partial summary judgment on affirmative defense, ordering that landlord is barred from collecting 15 months of rent covered by ERAP provisional approval. Landlord failed to provide OTDA the information necessary to receive ERAP payments within the required statutory timeframe, thereby waiving the covered rent under the 2021 ERAP statute. ERAP has since closed and no funds remain. Court rejects landlord's claim of ignorance of the provisional approval.
Keywords
ERAP; Waiver of Rent; Landlord Barred from Collecting Rent for Months that Were Covered by ERAP Provisional Approval; Landlord Failed to Provide OTDA Information Necessary to Receive Payment
Recommended Citation
"4912 Management Inc. v. Duran" (2026). All Decisions. 2434.
https://ir.lawnet.fordham.edu/housing_court_all/2434
