Eviction Moritorium: Do I have to pay my rent?

New York: COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 12/28/20

Gov. Andrew M. Cuomo signed the legislation (S.9114/A.11181) which places a moratorium on coronavirus-related residential evictions and foreclosure proceedings until May.

The Act places a moratorium on residential evictions until May 1, 2021 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.  SHA may still evict tenants that are creating safety or health hazards for other tenants, and those tenants who do not submit hardship declarations.

While there is a moratorium on evictions, a tenant’s obligation to pay rent and an owner’s obligation to provide essential services continues.

Hardship Declaration in Eviction Matters (English).

Hardship Declaration in Eviction Matters (Español; Declaración de Penuria).

Federal: CDC Eviction Moratorium

CDC Order, now extended through January 31, is not an automatic stay of all evictions and does not relieve any tenant of paying rent. Instead, the CDC Order allows certain tenants to invoke the protections of the CDC Order in regard to nonpayment evictions if they properly submit a CDC Hardship Declaration. When the Order’s protections are properly invoked by a covered tenant, the tenant cannot be evicted and removed from their leased premises until after the expiration of the CDC Order, which is now January 31, 2021.

When does the Covid-19 Emergency Eviction and Foreclosure Prevention Act of 2020 go into effect?

·         It goes into effect immediately.

·         To allow for implementation by the Office of Court Administration, all eviction and foreclosure proceedings are stayed/suspended for at least 60 days.

Q: I have an underlying health condition that makes me susceptible to increased risk of severe illness or death due to COVID-19, and leaving my home after an eviction would heighten my risk. Can my landlord evict me?

No. The COVID-19 Emergency Eviction and Foreclosure Prevention Act, signed into law by Governor Cuomo, prevents evictions for tenants suffering financial hardship during the COVID-19 pandemic until at least May 1, 2021. Health-related hardships cover tenants and their household members who are over 65 years old, have disabilities, or have underlying conditions that place them at an increased risk of severe illness or death due to COVID-19.

Q: I’ve had to take care of sick family members, which made me work fewer hours and made my own costs go up. Can my landlord evict me?

No. The financial hardship protections in the COVID-19 Emergency Eviction and Foreclosure Prevention Act extend to tenants who have lost significant household income; had a hard time finding work or earning as much income because of childcare responsibilities, or because they are caring for elderly, disabled, or sick family members; or had increased out-of-pocket health care expenses or expenses related to caring for family members or performing essential work. To benefit from this protection, tenants must submit a hardship declaration to the landlord, the court, or an officer enforcing an eviction (such as a marshal or constable), as may be applicable.

For a full description of the financial hardships covered by the COVID-19 Emergency Eviction and Foreclosure Prevention Act, visit: https://www.nysenate.gov/legislation/bills/2019/s9114

Q: What should I do if my landlord gives me an eviction notice?

If SHA makes a rent demand or gives you an eviction notice, they must also provide a hardship declaration where you can attest to your hardship(s). If you submit a hardship declaration to your landlord, you cannot be evicted until at least May 1, 2021.

Q: My case is currently pending in court, can I still be evicted?  

The legislation allows residential tenants unable to pay their rent or secure alternative housing and suffering a financial hardship to file a hardship declaration at any time with the landlord or court. This declaration will automatically lead to a stay of the continuance of any proceedings and execution of any warrants of eviction until at least May 1, 2021.

Q: I have an outstanding eviction warrant, can I still be evicted? 

The legislation allows residential tenants unable to pay their rent or secure alternative housing and suffering a financial or health-related hardship, to file a hardship declaration at any time, with the landlord, court or warrant enforcement officer (e.g., marshal) that will prevent the execution of any warrants of eviction until at least May 1, 2021.

Q: Do I still have to pay rent during the COVID-19 pandemic?

While there is a moratorium on evictions, a tenant’s obligation to pay rent and an owner’s obligation to provide essential services continues.

Economic relief may be available through unemployment insurance or other emergency social services.

New Yorkers who are eligible can apply for rental assistance from the COVID Rent Relief Program extension, visit: https://hcr.ny.gov/RRP. Previous Applicants for COVID Rent Relief will not have to reapply to be reconsidered.

 

 

 

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