Starting October 12, 2020, the NYS courts allowed all landlord-tenant proceedings to resume. Court conferences are also taking place. If you are experiencing a COVID-19 related hardship, you may present this to the court as a defense against eviction under the NY eviction moratorium and the New York State Safe Harbor Act.
Rent is still due during the COVID-19 state of emergency, but, at least until January 1, 2021 the The New York State Safe Harbor Act and Executive Order 202.66 generally protect tenants from eviction if they prove to the Court that they suffered financial hardship during the COVID 19 emergency. If you are not able to prove to the court that you experienced a financial hardship during the COVID pandemic, it is possible that you could be evicted before January 2021.
Until August 24, 2020, the federal CARES Act prohibited new eviction filings in federally covered properties. This includes federally subsidized housing programs administered by the United States Department of Housing and Urban Development (HUD), properties with Low Income Housing Tax Credits (LIHTC), and those with federally backed mortgages. While the CARES Act moratorium has expired, it still requires the landlord to give the tenant a 30-day notice to vacate. The landlord cannot start new eviction proceedings until the end of the 30-day notice period. In addition, federal agencies that regulate federally backed mortgages have issued directives effectively extending the CARES Act moratorium on evictions in those properties to December 31, 2020.
***The resumed eviction rules are complicated and there are still unanswered questions about how landlords and the courts will apply them. If you have any questions as to how this affects you, you should contact a local landlord-tenant attorney or the Legal Aid Society in the County in which you reside.
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The Law Offices of Allen A. Kolber, Esq. effectively represent clients in Rockland County and throughout New York State. Our firm understands the stress one can feel when facing a difficult financial future. Our compassionate staff will work to ease your fears and help you make a new start. If you need quality legal support, contact The Law Offices of Allen A. Kolber, Esq.
