Civil Court of the City of New York
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
DANA JENINTY, DAVID ZIQUE
Harris, David A.
Denies motion to vacate ERAP stay in licensee holdover. Declines to follow other lower courts' holdings that housing court has power to determine ERAP eligibility. Distinguishes constitutional issue from Chrysalis, finding that it is OTDA, not the court, that has authority to determine the merits of the ERAP stay. Landlord's proper remedy is an Article 78 against OTDA. Court also notes that landlord is seeking arrears and, if stay is lifted, landlord could obtain a money judgment before ERAP provisionally approved - which is a defense to such a judgment.