As ERAP funds are starting to flow, it is important to consider what that means for cases with pre-pandemic arrears which ERAP doesn't cover. The court has decided to draw a line in the sand and prioritize cases filed after September 1, 2021. Holdovers and non-payment cases that are filed and answered will receive an initial court date in the “intake part”, designed to determine whether the respondent wants the assistance of (and qualifies for) free legal counsel. That initial court date is then adjourned to a regular court part for a mandatory in-person appearance of all parties. The first in-person appearances, depending on the court's availability, are said to take place the week of October 12, 2021.

While the court will consider a motion to restore after the ERAP application has been decided, the guidance from the court suggests that where ERAP does not satisfy the rental arrears, it would be easier to get into court by filing a new case for the pre-COVID rental arrears especially since the court has been slow to schedule motions.