Although eviction cases are suspended in NYC and there are eviction moratoriums in place, tenants are still responsible for rent. Rent increases can still occur. There are no rent suspensions, rent cancellations, rent forgiveness, or rent freezes. Governor Cuomo’s Executive Order 202.28 allows certain tenants to utilize their security deposits to pay rent that is owed or will become due.
Although eviction cases are suspended in NYC and there are eviction moratoriums in place, tenants are still responsible for rent. There are no rent suspensions, rent cancellations, or rent forgiveness.
Governor Cuomo’s Executive Order 202.28 enacted that landlords cannot charge or demand late fees for missed or late rent payments that occur during March 20th through August 20th, 2020.
RENT REGULATED HOUSING
There are no rent freezes for rent regulated apartments with renewal leases commencing between October 1, 2019 and September 30, 2020. That is, rent can be increased according to the NYC Rent Guidelines Board (RGB) Order #51 if the current lease expires, and the renewal lease has a start date between October 1, 2019 and September 30, 2020.
The RGB approved 0% rent increases for one-year renewal leases and the first year of two-year renewal leases commencing between October 1, 2020 and September 30, 2021. The second year’s rent of a two-year renewal lease will have an increase of 1%. For more information, visit RGB’s “Summary of Guidelines Adopted on June 17, 2020.”
For unregulated housing, all rules regarding notice about rent increases continue to apply. Landlords are still required to provide a minimum of:
- 30-days’ notice of rent increases above 5 percent for tenancies of less than a year;
- 60-days’ notice for tenancies of 1-2 years;
- 90 days’ notice for tenancies of two years or more.
Security Deposits to Pay Rent
Governor Cuomo’s Executive Order 202.28 allows certain tenants to utilize their security deposits to pay rent that is owed or will become due.
Tenants who are eligible for unemployment insurance or benefits under state or federal law or otherwise facing a financial hardship due to the COVID-19 pandemic can request to enter into a written agreement with their landlords allowing the use of the security deposit (and any interest accrued) to pay rent arrears or rent that will become due.
Any security deposit that is used as payment of rent by the tenant will have to be paid back as additional rent per month at a rate of 1/12 of the amount used. Pay back of the security deposit will start 90 days from date of use. Alternatively, tenants can purchase or demonstrate they are a policyholder to an insurance policy that provides relief to the landlord in lieu of a security deposit; the landlord must accept the insurance in place of repayment of the security deposit.