The salient issue was “whether the stay imposed by the Section 8 tenant’s ERAP application is futile due to the current regulations that provide such applications will be reviewed after all applications from non-subsidized tenants have been processed.”

A landlord had commenced a nonpayment proceeding in January 2022. The premises are regulated by the ETPA. The tenant had applied for Emergency Rental Assistance Program (ERAP) assistance on or about June 16, 2021. The ERAP application was “still pending” when the subject decision was rendered. “No provisional letter of approval has been issued.”

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