Governor Andrew Cuomo’s Executive Orders and the Federal Coronavirus Aid, Relief, and Economic Security (CARES) Act have enacted eviction moratoriums for tenants during the pandemic. The Executive Orders covers both residential and commercial tenants. The CARES Act covers tenants residing in public housing, Section 8 (vouchers and project-based), Section 202 housing for the elderly, Section 811 housing for people with disabilities, and other covered properties with federally backed loans.
If you are a Benefits Plus subscriber, for additional information on the various housing programs, refer to Benefits Plus,
- Housing Programs and Services, Public Housing
- Housing Programs and Services, Section 8 Voucher Program
- Housing Programs and Services, Project Based Section 8
- Housing Programs and Services, Other HUD Subsidized Housing Programs
For Benefits Plus subscription information visit: https://bplc.cssny.org/home/subscription_options.
NYS Eviction Moratorium
GOVERNOR’S EXECUTIVE ORDERS
Governor Andrew Cuomo has signed two Executive Orders, 202.8 and 202.28, since the beginning of the pandemic affording residential and commercial tenants protections against evictions. The moratorium applies to all pre-existing warrants of eviction.
Executive Order 202.8 was signed March 20th, 2020 and enacted an eviction moratorium for 90 days for both residential (in all types of housing) and commercial tenants.
Executive Order 202.28 was signed May 7th, 2020 and enacted a 60-day extension of the moratorium, to August 20th, 2020. This extension applies to both residential tenants (in all types of housing) and commercial tenants eligible for unemployment insurance or benefits under state or federal law or otherwise facing a financial hardship due to the COVID-19 pandemic.
In NYC, all city marshals have been notified that they cannot execute any pre-existing warrants. Additionally, NYC marshals are prohibited from engaging in any eviction processes for both residential and commercial properties until the NYC Civil Court (NYC Housing Court) determines eviction proceedings can resume. For more information, click here for a memo from the Bureau of City Marshals.
Any NYC resident who does get an eviction notice, or who sees or experiences an eviction being executed by the City Marshals, should report it to the Bureau of City Marshals in the Department of Investigation at (212) 825-5953.
In areas outside of NYC, individuals should call their court to confirm that their date has been adjourned. If a resident does get an eviction notice, they should immediately call their local tenant organization or 833-503-0447 for assistance.
TENANT SAFE HARBOR ACT
The Tenant Safe Harbor Act was signed into law by Governor Andrew Cuomo on June 30th, 2020. The law protects NYS residential tenants who have experienced a financial hardship during COVID-19 from eviction due to nonpayment of rent. It covers unpaid rent that has accrued between March 7th and until all COVID-related restrictions on nonessential gatherings and businesses are lifted in the tenant’s county.
While a housing court judge cannot authorize an eviction due to nonpayment of rent for tenants who have not been able to pay rent because of COVID-19, a judge can award money judgments against tenants to landlords. A money judgement gives the landlord the right to collect rent arrears from the tenant.
For more information on the Tenant Safe Harbor Act, click here.
There may be relief available to landlords of properties where tenants have not been paying rent. As a result of the pandemic, there are moratoriums in place on foreclosures of properties. Additionally, homeowners (including landlords and property owners) may be able to access mortgage forbearance through their financial institution. For more information on the foreclosure moratorium and mortgage forbearance, see below, Homeowners.
Federal Eviction Moratorium
The Coronavirus Aid, Relief, and Economic Security (CARES) Act included a federal eviction moratorium that took effect on March 27th, 2020 and extends for 120 days for tenants living in “covered dwellings” in “covered properties,” which includes:
- Public Housing
- Section 8 Voucher and Project-Based housing
- Section 202 housing for the elderly
- Section 811 housing for people with disabilities
- For a HUD fact sheet for tenants, click here.
The federal eviction moratorium also covers renters that live in properties with five or more units that are financed by Fannie Mae or Freddie Mac or lives in some other multifamily housing that has a federally-backed mortgage loan, the renter may be temporarily protected from eviction due to nonpayment of rent during the COVID-19 pandemic.
- To find out if a property is financed by Fannie Mae and to access resources for renters of those properties, visit the Fannie Mae Renters Resource Finder.
- To find out if a property is financed by Freddie Mac and to access resources for renters of those properties, visit the Freddie Mac Rental Property Lookup.
- For all other multifamily housing, visit the National Low Income Housing Coalition searchable database.
The federal moratorium specifies that a landlord of a covered property may not evict a tenant after the moratorium expires except on 30 days’ notice, which may not be given until after the moratorium period. For more information, including a comprehensive list of covered properties, click here.