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The Covid 19 eviction and foreclosure moratoriums currently in place in New York State are currently due to expire on January 15, 2022.  Whether that expiration date will be extended yet again is still unknown. 

However, even if the eviction and foreclosure moratoriums are allowed to expire on January 15th, we cannot expect the wheels of justice to suddenly speed up.  The current backlogs of cases pending before the Supreme Courts and the District Courts caused by past and present Covid moratoriums are very long and the courts are moving very slowly in addressing those cases.  One must be prepared for very long court delays in both existing and newly filed cases.  In most cases, litigants should be prepared to settle or be stuck impatiently waiting many months for their day in court.

Those who prepare their cases in advance may have a distinct advantage over those who delay.  Most courts (absent certain emergencies) operate on a first come first served basis.  Law firms will have their plates full filing or answering nearly two years of cases in the first months.  Tenants may be given other avenues to delay eviction, including through hardship affidavits.  An aggressive settlement strategy may be the best choice amongst a short list of bad choices available to landlords.  Now is the time to act without delay.

Covid Eviction and Foreclosure Moratoriums Continue

We may be approaching the end of the dark Covid 19 tunnel, as our Covid positivity rate numbers decrease, but the economic effects of Covid 19 felt by tenants and property owners alike will continue for a while.   To help tenants and property owners from being evicted or losing their property, the moratoriums imposed by the Covid 19 Emergency Eviction and Foreclosure Prevention Act of 2020 have been extended until August 31, 2021.  Under this Act, a stay of eviction or foreclosure is available until August 31, 2021 in cases where the tenant or property owner takes the overt act of providing a Hardship Declaration.  Landlords and mortgage holders now have the burden of providing a copy of that Hardship Declaration to the tenant or property owner at the time certain notices are served.

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

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.

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.


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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