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CDC EXTENDS EVICTION BAN

THE CDC HAS JUST ANNOUNCED THE ISSUANCE OF A NEW FEDERAL ORDER HALTING RESIDENTIAL EVICTIONS THROUGH DECEMBER 31, 2020. 

The purpose of this moratorium is explicitly to further prevent the spread of Covid 19.

Renters will be eligible for the moratorium’s protection if they received a stimulus check, and can prove that they cannot afford to pay their rent in full, if evicted would become homeless or forced to move into congregate housing, and made an effort to obtain government assistance.

Nothing in this Order relieves Tenants of their obligations to pay rent, and nothing in the Order precludes landlords from charging fees, penalties or interest.

EVICTIONS UNDER COVID 19

We have been receiving a lot of calls regarding tenancies and evictions.  The rise of Corona Virus numbers in March of 2020 resulted in Governor Cuomo’s Executive Order stopping all evictions and closing down the landlord/tenant courts.  The issuance of numerous other Executive Orders since then has caused panic and confusion on both sides, by both landlords and tenants, as both parties are unsure of their rights and obligations.  The rules keep changing, and the deadlines keep moving. 

Here is what we know today…

  • Eviction proceedings which were commenced before March 17th are now permitted to resume prosecution, but eviction proceedings filed after March 17th mostly remain suspended. 
  • New eviction proceedings are being accepted for filing, but the Courts are so backlogged that they are assigning first court appearance dates months out.  It appears to be a first come first served basis for first appearances other than for true emergencies.
  • Tenants remain responsible to pay rent and rent arrears.  Tenants can be brought into court for eviction proceedings for nonpayment, but no late fees or attorney’s fees have been permitted to be charged during the eviction moratorium. 
  • The commercial eviction moratorium has expired.
  • The residential eviction moratorium currently expires October 1, 2020.

To sum up, at this time, predicate notices may be served by landlords upon their tenants, and eviction proceedings may be filed.  Early action is recommended.  An eviction can be expected to take much longer than in the past.  Due to the court’s backlog, which is expected to last well into next year at the least, settlement attempts are highly recommended in most cases. 

HSTPA and Covid 19

The Housing Stability and Tenant Protection Act of 2019 and COVID-19: How New York Real Estate, Landlords, and Tenants Have Been Affected

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COVID-19 RELIEF

FINANCIAL RELIEF AVAILABLE FOR COVID-19 UNDER

CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY (CARES) ACT

There are seven main groups that are helped by this law: individuals, small businesses, big corporations, hospitals and public health, federal safety net, state and local governments, and education.

The law includes several elements aimed at helping keep people engaged in the economy. That means direct cash for many, plus expanded unemployment benefits and new rules for filing  taxes and making retirement contributions.

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Are You a Tenant in NYS?

Are you a Tenant in New York?

If Yes, here is What You Need to Know About the Housing Security and Tenant Protection Act of 2019

On June 14, 2019, the New York Housing Stability and Tenant Protection Act of 2019 (HSTPA) became law. HSTPA has strengthened many protections for tenants while also increasing landlords’ obligations. Tenants may now hold landlords to the higher standards to which they are obligated to under New York State law.

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Are You a Landlord in NYS?

Are You a Landlord in New York State?

If Yes, Here is What You Need to Know About the Housing Security and Tenant Protection Act of 2019

On June 14, 2019, the New York Housing Stability and Tenant Protection Act of 2019 (HSTPA) became law. Moving forward, HSTPA has increased obligations for landlords while also strengthening protections for tenants. Landlords are now held to a higher standard in regard to how written notice is given, what can be recovered in non-payment cases, and the protocol for self-help and security deposits.

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HOUSING SECURITY & TENANT PROTECTION ACT OF 2019

New York State just became a whole lot more Tenant friendly. 

There are new rules regarding notices to terminate, notices of non-renewal, notices of rent increase, notices of non-payment, notices of inspection, notices to commence an action, - even Sheriff’s notices!  Landlords’ obligations have increased, as have Tenants’ protections.  For example, with regard to residential premises, landlords are now limited to collecting only one months’ security deposit and are required to provide written rent receipts in certain circumstances.  There are also significant restrictions on landlords’ abilities to make any changes in rent stabilized property.

Whether you are a landlord or a tenant, you need to be aware of the many significant changes made to the law by the new Statewide Housing Security & Tenant Protection Act of 2019. 



* These forms are not intended for execution, but rather are merely informational.

Prior results do not guarantee a similar outcome. All information posted is general advice only, based upon the rules of NYS, and is not intended to be a substitute for personal legal advice. Although information provided here was accurate as of the date of posting, laws change frequently and rules in other jurisdictions may differ. Therefore, readers should not rely upon these postings but should consult an attorney to discuss their specific factual situation.

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