If you are tenant in New York, you may be confused about the various moratoriums mentioned recently in the news. Let’s go over the basics.
The New York State COVID-19 Emergency Eviction and Foreclosure Prevention Act
On May 4, Governor Andrew Cuomo extended the New York State eviction moratorium to August 31, 2021. The act states “The legislation places a moratorium on residential evictions … for tenants who have endured COVID-related hardship. Tenants must submit a hardship declaration, or a document explaining the source of the hardship, to prevent evictions. Landlords can evict tenants that are creating safety or health hazards for other tenants, and those tenants who do not submit hardship declarations.”
If you live in New York and are behind in your rent, you cannot simply stop paying and hope your landlord won’t evict you. There are a series of steps both you and your landlord must follow in order to be protected.
Here is the link to apply for the New York State Emergency Rental Assistance Program (ERAP) – https://otda.ny.gov/programs/emergency-rental-assistance/#overview. If you are approved for the program, up to 12 months of back rent will be covered and paid directly to your landlord. The program will also help with up to 12 months of utility bills.
CDC Federal Eviction Moratorium
On August 3rd, the Centers for Disease Control and Prevention (CDC) and the Department of Health and Human Services (DHHS) declared a limited eviction moratorium for renters living in communities continuing to be hard hit with COVID-19. This is seen as an extension to earlier moratoriums that were part of the original CARES Act.
While the CDC and DHHS are allowed to declare public health emergencies, a number of lawmakers feel that they overstepped their bounds with this latest moratorium, and many are fully expecting to see this go to the Supreme Court.
Until then, under this moratorium renters have to declare the following:
Like for New York State, to be qualified for federal assistance with your rent, you must register for help. Here is a link to the Eviction Protection Declaration – https://www.cdc.gov/coronavirus/2019-ncov/communication/EvictionProtectDeclare_508.pdf
Reaching Out for Help
Both New York State and Federal rules are complex and confusing. If you’ve been dealing with economic hardship due to the COVID-19 pandemic, and you are afraid of being evicted, it’s time to reach out for help. There are a number of ways the right tenant lawyer can guide you through the various rules and regulations that seem to be changing almost every day.
If you live in New York, and you’d like to talk directly to a compassionate, knowledgeable, human being, reach out to New York landlord-tenant lawyer Ronald Weiss for a free consultation. He can walk you through the process of getting the help you need. Call 631-271-3737 and take the first step to a fresh start.