Accordingly, the court finds that petitioner properly opted not to renew respondent's lease, and properly commenced a proceeding to recover possession of the premises. The 12-month pause on respondent's eviction expired as of April 26, 2023. The proceeding may continue in its normal course.
Conclusion
Accordingly, it is ordered that respondent's motion to dismiss is denied.
Footnotes
Footnote 1:No ledger is attached as exhibit B.
Footnote 2:The court notes that respondent's argument that ERAP monies were accepted between the expiration of the notice of nonrenewal and commencement of the proceeding is contradicted by the procedural history of this case, supra. (NYSCEF Doc No. 12, respondent's atty affirmation in reply ¶ 8.)
Footnote 3:RPAPL 711 (1) states that in an expiration of lease term holdover, "[a]cceptance of rent after commencement of the special proceeding . . . shall not terminate such proceeding nor effect any award of possession to the landlord or to the new lessee, as the case may be."
Footnote 4:If a holdover based on nuisance or objectionable behavior is pending against a respondent whose landlord has accepted ERAP monies, section 9-a (5) (ii) of ERAP (L 2021, ch 56, § 1, part BB, § 1, subpart A, sec 1, § 9-a [5] [ii], as added by L 2021, ch 417, § 2, part A, § 6) provides that
"[i]f the petitioner fails to establish that the tenant [is a nuisance] . . . [and] if the landlord has accepted payment of rental arrears and agreed not to evict the tenant pursuant to paragraph (d) of subdivision two of section nine of this act, the court shall dismiss the proceeding with prejudice." (L 2021, ch 56, § 1, part BB, § 1, subpart A, sec 1, § 9-a [5] [ii], as added by L 2021, ch 417, § 2, part A, § 6 [emphasis added].)