For New York City

Know Your Rights

For New York City Tenants During COVID-19

PRESENTED BY

The Legal Aid Society &

New York City Comptroller Scott Stringer's Office

Today's Speakers

Judith Goldiner

Attorney-in-Charge, Civil Law Reform Unit

Brian Cook

Assistant Comptroller for Economic Development

Today's Agenda

11. Eviction Moratorium Explained 22. Is the Moratorium Extended? 33. Can I Still Be Evicted? 44. Housing Court 55. Rent Is Not Cancelled 66. What If I Can't Pay My Rent?

77. Security Deposits 88. NYCHA Residents 99. Discrimination 1100. Resources 1111. Q & A

Eviction Moratorium Explained

New York State's Chief Administrative Judge issued a memo suspending all eviction proceedings and pending eviction orders statewide beginning March 16, 2020, until further notice.

Governor Cuomo reinforced this decision on March 20, 2020 by issuing the "New York State on Pause" executive order which included a 90-day moratorium on residential and commercial evictions.

90-Day

Moratorium

Further, the NYC Department of Investigation notified City marshals that all eviction proceedings are suspended indefinitely.

Is the Moratorium Extended?

Governor Cuomo issued an additional Executive Order on May 7, 2020 that extends the eviction moratorium only for tenants eligible for unemployment insurance or benefits under Federal or State law or otherwise experiencing "financial hardship" due to COVID-19.

This protection covers the 60-day period between the end of the initial moratorium on June 20, 2020 and August 20, 2020.

The burden of proving that non-payment is a result of COVID-19 is on the tenant, which is why keeping all records of expenses and other financial documents is crucial.

Can I Still Be Evicted?

Because courts are closed and all evictions are suspended until at least June 20, 2020, your landlord cannot currently evict you.

While some predicate notices may have been distributed as of Evictions March 20, 2020, landlords cannot currently file for evictions.

If you receive a notice of petition without an index code, it is invalid, and tenants should not go to court for eviction notices posted by landlords.

"Self-help evictions", when a landlord locks a tenant out of their apartment without going through court, are illegal.

Locked-out tenants should call the police and can file a lockout case in court. The courts and the City are referring illegal lockout cases to Right to Counsel legal services organizations, regardless of income.

Housing Court

Until June 20, 2020, Court dates for eviction cases are being postponed. The court will mail you a notice with your new court date.

Currently, cases are being adjourned for a minimum of 45 days. Cases may be adjourned multiple times during the length of the crisis.

Tenants should not attend court for eviction cases while the moratorium is in effect. There is no penalty for not appearing.

One exception has been announced: landlords can file motions on existing cases if they serve tenants by mail. It is not clear how tenants who are pro se will answer these motions or whether they will be assigned attorneys.

New York City Housing Courts are still dealing with emergency repair cases like heat and hot water, locked out tenants, lead, and other major emergencies.

You can still bring your landlord to housing court for emergency repairs, and tenants should attend your court date for emergency repairs cases.

Rent Is Not Cancelled

Despite an active movement calling for the cancellation of rent, there have been no official actions taken that would legally allow tenants to stop paying.

Tenants still owe any rent not paid during the eviction moratorium. Once the moratorium has ended, landlords will be allowed to use

regular legal channels to collect unpaid rent from tenants.

David Odisho /

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