In this case, however, where Respondent's income is from public assistance and the
only rent being paid is a $283.00 per month shelter allowance, the arrears are increasing;
the status quo is not maintained. And while the Respondent is eligible for FHEPS,
because she has an open public assistance case and minor children, her rent arrears are
significantly over the $20,000.00 maximum amount of rent arrears that will be paid
through FHEPS.[FN5]
No allegations have been made by Respondent to suggest how the remaining arrears will
be paid, other than a [*4]representation in court that other
sources will be sought after.[FN6]
Most saliently, over three months have passed since the rent arrears were due. The court
has not been furnished with any information as to when the FHEPS application was
submitted, what accounted for any delay in submission, and what has accounted for any
delay in approval. Under these circumstances "good cause" has not been established.
"The tenant has applied for assistance from HRA" is not an incantation that will
automatically stay an eviction. Respondent may re-move for a stay with sufficient
evidence regarding her application to HRA for assistance in paying her rent arrears. It is
ORDERED that this motion is denied.
This is the court's decision and order.
Dated: February 15, 2023
Michael L. Weisberg, JHC
Footnotes
Footnote 1:The FHEPS program
resulted from a settlement of the class action Tejada v Roberts, Sup Ct, NY
County, index No. 453245/15 (available via NYSCEF, Doc. 97). Changes to FHEPS,
including increases in the amount of rent arrears that will be paid and rental amounts,
have been made since its creation.
Footnote 2:The court has no
illusions that most tenants appearing pro se have a basis to believe that they will be able