By Dan Murphy
New York State’s moratorium on evictions has ended effective January 15. New York and New Mexico were the only two remaining states to have their eviction moratoriums still in place. The moratorium, which barred landlords from filing new eviction notices in local courthouse for almost two years, means that as of January 18, (courthouses were closed on Jan. 17 for MLK Jr. Day) landlords can now file eviction notices for tenants who have fallen behind on their rents.
The eviction ban was first enacted in March of 2020 at the beginning of the COVID pandemic by then Governor Andrew Cuomo. The moratorium required tenants to fill out a hardship declaration, which prevented any legal action from being taken against them in court. But with the moratorium lifted, if a landlord files a notice of eviction, tenants will now have to appear in their local housing court, usually a part of a town, village or city court, to answer the claims of back rent owed.
Because it has been 22 months since the last notice of eviction has been filed in any courthouse in New York State, nobody knows whether a flood of eviction notices will be filed this week.
Dennis Hanratty, President of the Mount Vernon United Tenants Association, said we are in unchartered territory. “Nobody knows what is going to happen, but I’m scared to death that we are going to see thousands of eviction notices filed by landlords who have been waiting for the moratorium to expire.”
In Mt. Vernon we usually have 5-15 eviction cases in City Court. Will there now be hundreds of cases filed? I’m not sure the courts will be able to handle it and in bigger courthouses like Yonkers, there may be thousands of eviction notices filed. There is a big backlog and the landlords have them stacked up and ready to go.I know we are going to be busy, along with the Department of Social Services and Legal Service of the Hudson Valley.”
Hanratty said that one way tenants can get relief is through the Emergency Rental Assistance Program, ERAP. The Federal program was used during COVID to help pay landlords for tenants who couldn’t pay their rent. Under Governor Kathy Hochul New York State paid out $2 Billion in ERAP funds, exhausting the funding.
NY State has requested additional ERAP funding from a leftover $1 Billion in unused ERAP funds from other states. So far NY has only received $29 Million in additional ERAP funds, and NY reopened its ERAP portal on Jan. 11 but the demand for rental relief far exceeds the federal funding available.
Hanratty is hoping that states with a large number of rental apartments like New York will get more of the leftover $1 B in ERAP funds.
Governor Hochul has made $100 million in state-funded rent supplements available for localities, committed $125 million to households previously ineligible for ERAP based on income, authorized $125 million to help landlords with tenants who have declined to participate in ERAP or vacated with arrears, signed an increase in rental voucher amounts into law, invested $25 million for free legal services for tenants, and unveiled a sweeping, five-year, $25 billion plan to address housing affordability in her State of the State address.
Estimates have 400,000 New Yorkers, and 200,000 in New York City, facing eviction. Those residents are being reminded of their rights, which include that they cannot be locked out of their buildings, they do not have to leave until the legal eviction process is completed. And they have a right to legal representation, regardless of immigration status. Some affordable housing groups are expecting a surge in homelessness across the state once the evictions are filed.
The New York State Association of Realtors supported the expiration of the moratorium. “We welcome the return to market-based conditions under New York’s nation leading tenant protection laws. It is important to remember that the moratorium expiration does not impact other protections for tenants in New York, including the Tenant Safe Harbor Act, which shields tenants from non-payment evictions if they can exhibit COVID-19 related financial hardship. As we continue to work through housing challenges of all kinds related to the pandemic, we encourage New York’s congressional delegation to provide additional funding to tenants and housing providers through New York’s Emergency Rental Assistance Program.”
On November 30, 2021, the Building and Realty Institute of Westchester and the Mid-Hudson Region (BRI) and several multifamily apartment landlords filed a lawsuit challenging the constitutionality of the extension of the New York State eviction moratorium that was signed into law on September 2, 2021.
Tenants rights groups had hoped that Gov. Hochul would extend the moratorium again.
Westchester County Government is offering the following information. If you are behind in paying your rent and received a demand for payment or an eviction notice, help is available.
Call 2-1-1 or visit 211.org
Legal Services of the Hudson Valley: (877) 574-8529
Hudson Valley Justice Center: (914) 308-3490
Westchester County Department of Social Services: (914) 995-3333
