The New York Civil Court ruled that a landlord must credit monthly rental subsidy payments made under the Emergency Rent Assistance Program (":ERAP") to their specific dedicated months, and if those specified months run past the existing lease period, then the lease period is automatically renewed for a full year. JSB Properties LLC v. Yershov,-N.Y.S.3d -, 2022 WL 4373704, 2022 N.Y. Slip Op. 22294, Index No. 304269/2022 (N.Y Civ. Ct. Sept 6, 2022). JSB Properties LLC, sued Andrey Yershov ("Respondent) and Ilona Yershov ("Co-Respondent") (collectively, "Respondents") for possession of a New York City apartment for nonpayment of rent Respondents raised defenses of laches, equitable estoppel, prior action pending, and defenses related to the Emergency Rent Assistance Program ("ERAP"), and counterclaims of rent overcharge and breach of warranty of habitability. The Court held a trial in August 2022, and now issued this opinion.
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