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Your Rights as a Tenant During COVID-19— Protections Against Eviction

There is an important upcoming deadline relevant to tenants’ rights that you should know about. New York tenants experiencing financial hardship have until February 26th, 2021 to fill out a Hardship Declaration and submit it to their landlord or the Housing Court. Doing so will only take tenants only a few minutes, but will provide added protection for tenants against evictions until May 2021.

On February 16th, 2021, NYLAG held a live Q&A that explained the importance of and the process to submit hardship declaration applications and answered common questions on issues tenants are facing during the pandemic. Watch the pre-recorded video and/or read the answers to the frequently asked questions from the Q&A session below. 

常见问题(FAQ):

With the passage of the COVID-19 Emergency Eviction and Foreclosure Protection Act (“EEFPA”), Governor Cuomo’s executive order eviction moratorium is no longer in effect. Instead, on December 28, 2020, the legislature passed EEFPA, which Cuomo signed immediately. This law puts into effect a stay on almost all eviction cases until February 26, 2021. If tenants provide the court or their landlord with a Hardship Declaration, the stay will be extended from February 26, 2021 to May 1, 2021.

Yes. EEFPA is clear that the moratorium would be extended by changes in federal law and the state legislature could also vote to extend the stay in EEFPA on its own. The Centers for Disease Control and Prevention (CDC) recently extended the eviction moratorium nationwide until March 31, 2021. However, it’s not entirely clear at this time that the federal eviction moratorium will be extended to September 2021. Because the NYS eviction moratorium is now more protective than the federal one, the federal moratorium does not apply.

At the very beginning of the Biden administration, there was talk about the federal eviction moratorium being extended by Congress legislatively until September 2021 as part of the $1.9 trillion COVID relief package. Lately, it seems like the relief package will only be able to pass Congress through a complicated legislative budgetary procedure called reconciliation. Because the eviction moratorium likely wouldn’t be considered budgetary in nature, it’s unlikely that the extension of the eviction moratorium on the federal level could become law through reconciliation. Consequently, under current Senate rules, which include the filibuster, it would likely require 60 votes in the Senate for an extension of the eviction moratorium to become law nationally.

It’s possible the CDC could extend its eviction moratorium beyond March 31, 2021 and it’s also possible that federal Senate Democrats may reform the filibuster to allow them to pass federal laws more easily. It’s also possible the New York legislature may extend the EEFPA eviction moratorium protection to last longer, but everything related to the New York eviction moratorium after May 1, 2021 remains quite uncertain at this time.

For the vast majority of New York tenants facing hardship since March 7, 2020, there are very few, if any, negative consequences to submitting a hardship declaration. Generally speaking, if someone might be eligible to sign a Hardship Declaration, but has sufficient money to resolve a case with their landlord at this time, it’s probably better to do so than to seek a delay, but those in this situation can still submit a Hardship Declaration as insurance of extra protections and still proceed to resolve issues with their landlord on a parallel track.

The main negative consequence would be for the very narrow subset of tenants who are eligible for the special subsidy called the Family Homelessness Eviction Protection Supplement (FHEPS). Generally speaking, a household is only eligible for FHEPS if they are currently receiving Public Assistance benefits, have minor children in the household, have an active eviction case in court, have rent arrears less than $9,000, and rent an apartment that falls within the FHEPS rental limit guidelines. For tenants who are eligible for FHEPS, it is likely not advisable to do anything to stop your landlord from filing a Housing Court case if they haven’t already. We also don’t advise you to do anything to delay your Housing Court case because you want to do everything in your power to keep your rental arrears as low as possible—delaying your case will lead to your rent arrears increasing. Once a family begins receiving FHEPS, FHEPS will cover the rent arrears and most of the family’s ongoing rent.

There may be other specific issues related to individual tenants. If you have any doubts about whether you should complete a Hardship Declaration, you should try and speak to a lawyer as soon as you can so you can get advice specific to your situation. You can call our hotline 929-356-9582 7 am-1 pm, Monday-Friday. 

It’s important to note that tenants should only complete the Hardship Declaration if they can do so truthfully.

Yes. EEFPA does have an exception, which allows for eviction cases to proceed only in cases where a tenant is “engaging in behavior that substantially infringes the use and enjoyment of other tenants or occupants or causes a substantial safety hazard to others.” The court system and landlords’ attorneys have been referring to these as “nuisance cases,” but that’s not completely accurate under the language of EEFPA. In fact, the Housing Court in New York City has created a special Nuisance Part to handle these cases that may be exempt from the stay required by EEFPA. Any tenant who has a case in the Nuisance Part should definitely appear at the scheduled virtual appearance. At the virtual appearance, tenants will have the opportunity to retain a lawyer to represent them for free through NYC’s Right to Counsel law. Tenants should always be represented in eviction cases, especially cases where a landlord alleges nuisance behavior.  

首先,请记住,房东必须先将您告上法庭,才能驱逐您。这意味着房东必须首先完成以下步骤,然后才能失去家园:

  • 您的房东必须向您发送正式的租金要求,以支付任何应付的租金。房东必须给您至少14天的时间才能偿还所称的债务,然后他们才能将您告上法庭。
  • 如果您尚未按租金要求的日期还清欠租,则房东可能会在住房法院对您提起未付款的诉讼。
  • Courts are now generally closed to new filings because of EEFPA until February 26, 2021 and you can keep courts closed to your case by sending a Hardship Declaration to the court or your landlord, or both. If you are served with a non-payment case at any time, you should always try to answer, which you can do by phone. You can read more about how to answer on the court’s website 这里.
  • 您不应该仅仅因为房东威胁您或向您发送通知说他们将驱逐您而离开家。法律上 只要 元帅可以驱逐您。

如果您没有钱还清房租,可以使用一键交易,租金补贴和慈善组织。请点击 这里 了解更多。

早在6月,立法机关通过了法案,州长Cuomo签署了《租户安全港法案》,这项法律禁止在COVID-19期间遇到财务困难的租户从2020年3月7日起因拖欠租金而被逐出,直到紧急状态结束。但是,房东仍可以从该时期获得针对其租户的任何未付租金的金钱判决。住房法院针对新法规做出了一些裁决,但法律仍在制定中。我们也不知道COVID-19的期限何时结束。对于租户需要建立什么样的证据来证明他们在COVID-19期间经历了财务困难,不同的法官会有不同的理解,因此我们建议您保存任何可能表明您在租赁期间遇到财务困难的文件。 COVID-19期间。

应该提到的是,纽约州的货币判决绝非“轻而易举”。房东做出金钱判断后,如果您的帐户中的金额超过$2,850或$3,600(取决于您的具体情况),房东可以通过扣发工资和限制银行账户来执行该金钱判断。提供有关纽约银行帐户保护的更多信息这里。货币判决在20年内仍可收集,并且会增长,因为纽约的判决利率为9%。

您可能已经收到或可能很快会收到房东律师的动议,以将案件恢复日历,以便房东可以驱逐您。

如果您收到这样的动议,则应该联系我们的热线电话,看看我们是否可以代表您。请点击 这里 讨论您的具体情况。

Just because you received this motion doesn’t mean you’re being evicted immediately and there’s a good chance that you might be able to delay your case by filing a Hardship Declaration. You also have a right to oppose the motion. And, remember that before you can be evicted, your need to be served with a marshal’s notice of eviction, and the marshal has to come to your home to evict you. That’s why it’s important for you to reach out to a lawyer if you receive one of these motions because there may be things a lawyer can do to delay and maybe even prevent the eviction. Everyone’s case is different, so it’s definitely a good idea to speak to a lawyer about your specific situation and what legal options may be available to you.

如果您已经无法支付租金,罢工可能是您和您的邻居团结起来的好方法。如果您不能作为一个人支付租金,而您的建筑物中的许多其他人都在同一条船上,那么组织一次租金罢工可以使您对房东产生影响。

但是,罢工可能具有风险,特别是对于无证租户。罢工之前,您应该与经验丰富的租户组织者交谈。律师同盟权为考虑罢工的人们提供了资源。您可以在以下位置找到它们 righttocounselnyc.org,或Google“ Rent Strike Toolkit”,或转到 bit.ly/RentStrikeNY,或在文字上(不要称呼)“ Rent Strike”或“ Huelga De Renta” 646-542-1920.

Because of EEFPA, Housing Court is now generally closed to almost everything against tenants until February 26, 2021 to give tenants a chance to file Hardship Declarations, which can keep Housing Court closed to those cases until May 1, 2021. Even with EEFPA, Housing Court is still open to a small number of cases in the “Nuisance” Part.

Starting March 1, 2021, it’s likely that Housing Court will begin scheduling cases for virtual appearances for those tenants with existing cases where the tenant has not filed a Hardship Declaration. Those cases will likely be able to move forward. However, if the tenant appears, is eligible to sign a Hardship Declaration, and files a Hardship Declaration, that will put the case on hold until May 1, 2021. Almost everything is still proceeding at a slower pace than before COVID-19. If you already have an attorney in your Housing Court case, we encourage you to reach out to them for more details. If you do not have an attorney and you have an ongoing court case, you will receive a postcard in the mail from the court with your next court date, but it’s hard to say when that might happen. It’s also hard to say what will happen with New York’s eviction moratorium after May 1, 2021.

Remember: You can only be evicted from your home if your landlord starts a case in Housing Court, obtains a judgment of eviction against you, you are served with a marshal’s notice, and the marshal comes to your home to evict you.

一般来说,根据纽约州法律, 只有租金稳定的租户才有权续租。 即使您没有稳定租金的租约,但如果您居住在1974年以前建造的有六个或更多单元的建筑物中,即使您可能没有租金稳定的租户,也有可能成为稳定租金的租户。成为法人单位。如果您不是稳定租金的租户,则您不太可能获得续约租约,并且在租约期满时,房东可以选择不续租,然后在住房法院对您进行延期提起诉讼。给您适当的通知后。如果您居住的时间少于一年,则您有权获得的通知期限至少为30天;如果居住时间在一年至两年之间,则至少为60天;如果您居住的时间至少为90天,在那住了两年或更长时间。这些不同的通知期限仅在2019年6月成为法律,房东经常将其弄乱,如果房东在开始针对您的保留案件之前未向您提供适当的通知,则可能会在保留程序中为您提供某些辩护。

如果您在2020年3月16日之后被驱逐出境,并且在驱逐前没有接到大法官的通知,则您的驱逐很可能是非法的,您可以在您居住的行政区的住房法院发起非法停工案回到家中(恢复财产)。

如果您认为自己已被非法锁定,可以致电给我们。我们会在最后给您电话号码。或者,您可以自己居住的自治市的住房法院自行提出非法停工程序。

是。如果您需要对公寓进行维修,而尽管您反复提出要求,但房东仍拒绝解决,则可以向住房法院对房东提起惠普诉讼,要求房东进行维修。您可以亲自在您居住的自治市的住房法院亲自进行,也可以使用在线申请JustFix。 这里.

如果您受到房东的骚扰,也可以使用JustFix启动HP Action案例。

是的,NYLAG很高兴了解更多信息,以了解我们是否可以为您提供帮助。致电我们免费的NY COVID-19法律资源热线: 929-356-9582 我们会尽快与您联系。了解更多 nylag.org/hotline.

To receive the latest resources and to stay updated on NYLAG’s tenants’ rights advocacy (and other social issues), subscribe to our newsletter 这里

有关租户权利和COVID-19最新资源的信息,请单击 这里

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