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.
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Emergency Eviction and Foreclosure Protection Act (“EEFPA”), Governor Cuomo’s executive order eviction moratorium is no longer in effect.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 在 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.
- 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 這裡.
- 您不應該僅僅因為房東威脅您或向您發送通知說他們將驅逐您而離開家。法律上 只要 元帥可以驅逐您。
如果您沒有錢還清房租，可以使用一鍵交易，租金補貼和慈善組織來幫助您。請點擊 這裡 了解更多。
如果您收到這樣的動議，則應該聯繫我們的熱線電話，看看我們是否可以代表您。請點擊 這裡 討論您的具體情況。
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.
但是，罷工可能具有風險，特別是對於無證租戶。罷工之前，您應該與經驗豐富的租戶組織者交談。律師同盟權為考慮罷工的人們提供了資源。您可以在以下位置找到它們 righttocounselnyc.org，或Google“ Rent Strike Toolkit”，或轉到 bit.ly/RentStrikeNY，或在文字上（不要稱呼）“ 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.
一般來說，根據紐約州法律， 只有租金穩定的租戶才有權續租。 即使您沒有穩定租金的租約，但如果您居住在1974年以前建造的有六個或更多單元的建築物中，即使您可能沒有租金穩定的租戶，也有可能成為穩定租金的租戶。成為法人單位。如果您不是穩定租金的租戶，則您不太可能獲得續約租約，並且在租約期滿時，房東可以選擇不續租，然後在住房法院對您進行延期提起訴訟。給您適當的通知後。如果您居住的時間少於一年，則您有權獲得的通知期限至少為30天；如果居住時間在一年至兩年之間，則至少為60天；如果您居住的時間至少為90天，在那住了兩年或更長時間。這些不同的通知期限僅在2019年6月成為法律，房東經常將其弄亂，如果房東在開始針對您的保留案件之前未向您提供適當的通知，則可能會在保留程序中為您提供某些辯護。