Background
- Landlord (WHB Lilac, LLC) commenced a nonpayment summary proceeding to recover unpaid rent from May to August 2021 at $2,500/month.
- Both landlord and tenants (Ian and Rachel McCarthy) applied for COVID-19 related rental assistance; landlord was approved for LRAP, but tenants' initial ERAP application was denied.
- Before the trial, tenants reapplied for ERAP to cover additional arrears and future rent, and had pending status at trial.
- The Justice Court allowed the landlord to amend the petition to include rent through May 2022 and awarded possession plus $8,402.29 to landlord after a nonjury trial.
- The court lifted any stays based on the landlord’s intent to use the property as a primary residence, denying tenants' request for a stay due to their pending ERAP application.
- Tenants appealed, arguing the proceeding should have been automatically stayed by law due to the pending ERAP application.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of proceeding during pending ERAP application | Stay should not block proceeding since landlord seeks primary residence | Proceeding must be stayed if ERAP is pending by operation of law | Proceedings must be stayed pending ERAP determination |
| Amending petition to include additional arrears | Proper as more arrears accrued | Not contested directly | Allowed in procedure, but trial voided due to stay |
| Effect of landlord’s intent to reclaim as primary residence | Justifies lifting stay | Not relevant in nonpayment (only holdover) | Not relevant; intent doesn’t override legal stay |
| Recoverability of awarded sum | All charges awarded proper | Some sums not statutorily recoverable | Some sums awarded are not recoverable in residential proceedings |
Key Cases Cited
- None cited with official reporter citations in the provided text.