4912 Management Inc. v. Duran

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.