Brookfield Properties and LeFrak are taking purpose astatine New York’s pandemic-era programme to assistance residents who couldn’t wage rent, calling the inaugural unconstitutional successful 2 abstracted lawsuits filed Thursday successful New York County Supreme Court.

The landlords alleged that the measure, dubbed the Emergency Rental Assistance Program (ERAP), fto immoderate of their tenants not wage rent for much than a twelvemonth portion they waited for ERAP’s administrator, the New York State Office of Temporary and Disability Assistance (OTDA), to find whether residents would get authorities dollars to screen unpaid backmost rent. 

Both landlords claimed ERAP is unconstitutional, a usurpation of their rights and an overstep of OTDA’s authorization due to the fact that it automatically pauses eviction cases erstwhile a tenant applies to the program. The landlords privation nonpayment cases to proceed nary substance what, according to the 2 lawsuits.

LeFrak, its lawyers and a spokesperson for the OTDA did not instantly respond to requests for comment. Brookfield declined to comment. PincusCo first reported news of the lawsuits.

In its case, Lefrak alleged that 22 of its tenants crossed 15 Queens buildings beryllium astir $536,000 successful backmost rent, and immoderate haven’t paid their bills for much than a twelvemonth acknowledgment to the dilatory ERAP decisions. Brookfield claimed 2 residents successful its luxury Greenpoint, Brooklyn, flat gathering astatine Two Blue Slip racked up arrears of much than $150,000 implicit a lease they signed successful August 2020.

Brookfield and Lefrak aren’t the archetypal owners to kick astir the program. A radical of Long Island landlords protested ERAP successful Manhattan successful October, blaming ERAP for being incapable to evict their tenants, Huntington Now reported.

ERAP was plagued with delays erstwhile it archetypal rolled retired successful June 2021, distributing relief dollars astatine a snail’s pace and past moving retired of currency that October. But Gov. Kathy Hochul replenished its cookware with $800 cardinal through the 2023 authorities fund that passed successful April. 

Celia Young tin beryllium reached astatine cyoung@commercialobserver.com.