COVID-19 Housing Information for New York Union Members Who Rent
New York State Eviction Moratorium:
Things to Know
What is an eviction moratorium, and how long does it go until? The eviction moratorium is a pause on any evictions of tenants who declare they are facing financial hardship due to COVID-19. The moratorium will last until January 15, 2022.
Can my landlord evict me? Your landlord cannot evict you if you submit a hardship declaration. Although, they now are able to challenge the declaration in court.
Can my landlord take me to court? Under the latest eviction moratorium passed in September 2021, your landlord can challenge your financial hardship declaration in court. However, if you don't declare financial hardship from COVID-19 by submitting the paperwork, you are not protected under the moratorium.
Am I eligible to submit a hardship declaration? You can submit a Hardship Declaration if, due to COVID-19, you have faced one or more of the following challenges:
• You have lost significant household income
• You have increased expenses related to health impacts or essential work
• Childcare or other family care expenses during the pandemic have negatively affected your finances
• You have been unable to obtain meaningful employment because of circumstances relating to COVID-19
• You cannot afford to move or would have difficulty securing alternative housing
• Vacating and moving would pose a significant health risk to you or a member of your household due to age (over 65 years old), disability status, or an underlying medical condition
What should I do if my landlord gives me an eviction notice?
If your landlord makes a rent demand or gives you an eviction notice, they must also provide a hardship declaration where you can attest to your hardship(s). You should make sure you fill out the hardship declaration form.
If you are a rent-stabilized or rent-controlled tenant and believe you are being harassed by your landlord, you can file a complaint with HCR's Tenant Protection Unit at: tpuinfo@nyshcr.org or Office of Rent Administration at: https://hcr.ny.gov/harassment
Where can I find a copy of the "Tenant's Declaration of Hardship During the Covid-19 Pandemic" form? For a web-based version of the form that will be sent directly to your landlord and the Court visit
https://www. evictionfreeny. org/en/
Prior to submitting, make a copy or take a photo of the completed form to keep for your records!
How do I submit the "Tenant's Declaration of Hardship During the Covid-19 Pandemic" form? You can email a completed copy of the hardship declaration to Housing Court at one of the following email addresses, based on your borough:
Manhattan: NewYorkHardshipDeclaration@nycourts.gov
Bronx: BronxHardshipDeclaration@nycourts.gov
Brooklyn: KingsHardshipDeclaration@nycourts.gov
Queens: QueensHardshipDeclaration@nycourts.gov
Staten Island: RichmondHardshipDeclaration@nycourts.gov
Additionally, if your landlord sent you a copy, you can either mail or email the completed form to the address provided by your landlord.
Where can I go for more information?
You can go to New York State's Homes and Community Renewal website:
New York State passed an Emergency Rental Assistance Program (ERAP)
for tenants who were facing financial hardship due to COVID-19.
What is the Emergency Rental Assistance Program and what help does it provide?
The Emergency Rental Assistance Program (ERAP) is an economic relief program developed to help eligible households residing at their primary residence in New York State request assistance for rental and utility arrears accumulated during the COVID-19 crisis.
Approved applicants may receive:
Up to 12 months of rental arrears payments for rents accrued on or after March 13, 2020.
Up to 3 months of additional rental assistance for future rent if the household spends 30 percent or more of its gross monthly income to pay for rent and if the household also applies for rental arrears payments.
Up to 12 months of electric or gas utility arrears payments for arrears that have accrued on or after March 13, 2020 if the household also applies for rental arrears payments
Who gets the money?
Payments will be made directly to the landlord/property owner and utility company on behalf of the tenant. Tenants, landlords/property managers and utility companies will be notified of the amounts paid on their behalf.
If a landlord is difficult to locate or does not otherwise provide information needed to complete the application after initial outreach efforts, funds will be held for 180 days to allow enough time to locate the landlord and collect required information, as well as to provide tenant protections and maximize landlord participation.
How do I know if I'm eligible?
Tenants in New York State may be eligible for ERAP if all the following apply:
Household gross income is at or below 80 percent of the Area Median Income (AMI). These income limits differ by county and household size. A household may qualify based on either current monthly income or calendar year 2020 income that is at or below 80 percent AMI.
The applicant is obligated to pay rent and has rental arrears (rent overdue) at their current residence for rent owed on or after March 13, 2020.
On or after March 13, 2020, a member of the household received unemployment benefits or experienced a reduction in household income, incurred significant costs or experienced other financial hardship, directly or indirectly, due to the COVID-19 pandemic.
The household is at risk of experiencing homelessness or housing instability, which can be demonstrated by having rental arrears owed on or after March 13, 2020.
There are no immigration status requirements to qualify for the program.
How do I apply?
You can apply by going to:
https://otda.ny.gov/programs/emergency-rentaI-assistance/
Where can I find more information?
You can find more information by going to the New York State Office of Temporary and Disability Assistance website here:
https://otda.ny.gov/programs/emergency-rental-assistance/faq.as