The eviction moratorium in New York State was again continued by Governor Cuomo last week. I previously wrote an article about New York State’s COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (“The Act”) (S.9114/A.11181) that prevents residential evictions related to the COVID-19 pandemic which can be found here: Eviction Moratorium.
The purpose of The Act is to protect tenants and homeowners from the economic hardship incurred because of the COVID-19 pandemic. The full details of the Act are found here: COVID-19 Emergency Eviction Act.
No More Residential Evictions in New York State Until August 31, 2021
The Residential Eviction Moratorium in New York State (“moratorium”) prevents the eviction of qualified tenants who are unable to make rental payments due the pandemic. Tenants must submit a hardship declaration, or a document explaining the source of the hardship, to prevent evictions. HOWEVER,…
- Landlords may still evict tenants that are creating safety or health hazards for other tenants, and those tenants who do not submit hardship declarations.
- Landlords may also execute evictions against holdover tenants who move in or stay in an apartment without a lease and are not paying rent.
The New York State moratorium on evictions is now scheduled to end on August 31, 2021 after previously scheduled to end on May 31, 2021.
Relief is Offered to Landlords as Well as Tenants
According to Governor Cuomo’s extension of the Act, found here: NYS Moratorium Extension, “Homeowners and small landlords who own 10 or fewer residential dwellings can file hardship declarations with their mortgage lender, other foreclosing party or a court that would prevent a foreclosure.”
This means that landlords as well as tenants should review the above website to pursue all options for relief that are available.
The CDC’s State Moratorium on Evictions
Recently, the CDC again extended the federal moratorium. This time, the moratorium is extended from June 30, 2021 to July 31, 2021, causing an uproar from lawmakers who represent both sides of the coin.
The federal eviction moratorium applies to all renters who attest to meeting income and other eligibility criteria set out in the order.
Renters must submit a signed declaration of eligibility to their landlords, attest to certain pre-conditions, and complete the CDC Eviction Moratorium Declaration to qualify for protection. The details of the CDC’s extension to the federal moratorium can be found here: CDC Extension to Moratorium.
More Good News for Landlords
The current CDC extension to July 31, 2021 protects tenants from eviction for nonpayment of rent only. The good news for landlords is that if a tenant owes back rent, nothing in this legislation forgives the tenant’s monetary debts; it only prevents the tenant from receiving an eviction notice.
The CDC expressed that its latest extension of the moratorium on evictions is intended to be the final extension of the moratorium. See, Temporary Halt in Residential Evictions CDC
Landlords should speak with an attorney to discuss the right process to follow for an eviction given the current changes in the laws.
Regina M. Sarkis, Esq. assists landlords with evictions and can help them pursue monetary judgments against tenants who fail to pay rent as well as evict holdover tenants who live on the premises without permission.
This article is intended for general information and educational purposes only and should not be considered legal advice or counsel. The substance of this article is not intended to cover all legal issues or developments regarding the matter. Please consult with an attorney to ascertain how these new developments may relate to you or your business. © 2021 Regina M. Sarkis, Esq.