NY EVICTION BAN EXPIRED 1/15. NOW WHAT?
On January 15, the COVID-19 Emergency Eviction and Foreclosure Prevention Act (“CEEFPA”) expired in New York State.
CEEFPA was signed into law on December 28, 2020, and initially was intended to ensure New York Renters and homeowners impacted by the pandemic can stay in their homes and weather the storm of the pandemic. Expiration of the eviction moratorium seems a big release, especially for landlords. However, there are still two acts in place, keeping the eviction timeline murky.
1. New York State Emergency Rental Assistance Program (ERAP): the act provides economic relief to low and moderate-income households at rick of experiencing homelessness or housing instability by providing rental arrears, temporary rental assistance, and utility arrears assistance.
As the expiration of eviction moratorium coming along, this act would slightly change accordingly. Despite the dried-out funding, pending application from tenants would still protect them from eviction. There is also beaconing hope that new funds may pour in after March 2022.
2. Tenant Safe Harbor Act: effective on June 30, 2020, it was enacted to protect tenants from eviction for nonpayment of rent.
This act will continue to shield tenants from eviction based on nonpayment. In other words, landlords cannot evict tenants based on non-payment of rent from March 2020 to Jan 2022 if the tenants can prove financial hardship caused by COVID-19.
It is not surprising that many conflicts arise between landlords and tenants during the pandemic, and eventually a lot of them landed in the housing court. To relieve a huge backlog of cases, a new “small property part” is set up in the housing court for 1-3 family owners. House-owners should request for a transfer to this part to proceed their cases for potentially more effective solutions.
Still have questions? Consult us today!
Geng & Associates, P.C.
Address: 39-07 Prince Street, Suite 3G, Flushing, NY 11354
275 Madison Street, #903, New York NY 10016
Tel: 718-321-7006
Fax: 718-569-6878
Email: info@genglaws.com