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Your Rights as a Tenant During COVID-19— Protections Against Eviction

There is an important upcoming deadline relevant to tenants’ rights that you should know about. New York tenants experiencing financial hardship have until February 26th, 2021 to fill out a Hardship Declaration and submit it to their landlord or the Housing Court. Doing so will only take tenants only a few minutes, but will provide added protection for tenants against evictions until May 2021.

On February 16th, 2021, NYLAG held a live Q&A that explained the importance of and the process to submit hardship declaration applications and answered common questions on issues tenants are facing during the pandemic. Watch the pre-recorded video and/or read the answers to the frequently asked questions from the Q&A session below. 

常見問題(FAQ):

With the passage of the COVID-19 Emergency Eviction and Foreclosure Protection Act (“EEFPA”), Governor Cuomo’s executive order eviction moratorium is no longer in effect. Instead, on December 28, 2020, the legislature passed EEFPA, which Cuomo signed immediately. This law puts into effect a stay on almost all eviction cases until February 26, 2021. If tenants provide the court or their landlord with a Hardship Declaration, the stay will be extended from February 26, 2021 to May 1, 2021.

Yes. EEFPA is clear that the moratorium would be extended by changes in federal law and the state legislature could also vote to extend the stay in EEFPA on its own. The Centers for Disease Control and Prevention (CDC) recently extended the eviction moratorium nationwide until March 31, 2021. However, it’s not entirely clear at this time that the federal eviction moratorium will be extended to September 2021. Because the NYS eviction moratorium is now more protective than the federal one, the federal moratorium does not apply.

At the very beginning of the Biden administration, there was talk about the federal eviction moratorium being extended by Congress legislatively until September 2021 as part of the $1.9 trillion COVID relief package. Lately, it seems like the relief package will only be able to pass Congress through a complicated legislative budgetary procedure called reconciliation. Because the eviction moratorium likely wouldn’t be considered budgetary in nature, it’s unlikely that the extension of the eviction moratorium on the federal level could become law through reconciliation. Consequently, under current Senate rules, which include the filibuster, it would likely require 60 votes in the Senate for an extension of the eviction moratorium to become law nationally.

It’s possible the CDC could extend its eviction moratorium beyond March 31, 2021 and it’s also possible that federal Senate Democrats may reform the filibuster to allow them to pass federal laws more easily. It’s also possible the New York legislature may extend the EEFPA eviction moratorium protection to last longer, but everything related to the New York eviction moratorium after May 1, 2021 remains quite uncertain at this time.

For the vast majority of New York tenants facing hardship since March 7, 2020, there are very few, if any, negative consequences to submitting a hardship declaration. Generally speaking, if someone might be eligible to sign a Hardship Declaration, but has sufficient money to resolve a case with their landlord at this time, it’s probably better to do so than to seek a delay, but those in this situation can still submit a Hardship Declaration as insurance of extra protections and still proceed to resolve issues with their landlord on a parallel track.

The main negative consequence would be for the very narrow subset of tenants who are eligible for the special subsidy called the Family Homelessness Eviction Protection Supplement (FHEPS). Generally speaking, a household is only eligible for FHEPS if they are currently receiving Public Assistance benefits, have minor children in the household, have an active eviction case in court, have rent arrears less than $9,000, and rent an apartment that falls within the FHEPS rental limit guidelines. For tenants who are eligible for FHEPS, it is likely not advisable to do anything to stop your landlord from filing a Housing Court case if they haven’t already. We also don’t advise you to do anything to delay your Housing Court case because you want to do everything in your power to keep your rental arrears as low as possible—delaying your case will lead to your rent arrears increasing. Once a family begins receiving FHEPS, FHEPS will cover the rent arrears and most of the family’s ongoing rent.

There may be other specific issues related to individual tenants. If you have any doubts about whether you should complete a Hardship Declaration, you should try and speak to a lawyer as soon as you can so you can get advice specific to your situation. You can call our hotline 929-356-9582 7 am-1 pm, Monday-Friday. 

It’s important to note that tenants should only complete the Hardship Declaration if they can do so truthfully.

Yes. EEFPA does have an exception, which allows for eviction cases to proceed only in cases where a tenant is “engaging in behavior that substantially infringes the use and enjoyment of other tenants or occupants or causes a substantial safety hazard to others.” The court system and landlords’ attorneys have been referring to these as “nuisance cases,” but that’s not completely accurate under the language of EEFPA. In fact, the Housing Court in New York City has created a special Nuisance Part to handle these cases that may be exempt from the stay required by EEFPA. Any tenant who has a case in the Nuisance Part should definitely appear at the scheduled virtual appearance. At the virtual appearance, tenants will have the opportunity to retain a lawyer to represent them for free through NYC’s Right to Counsel law. Tenants should always be represented in eviction cases, especially cases where a landlord alleges nuisance behavior.  

首先,請記住,房東必須先將您告上法庭,才能驅逐您。這意味著房東必須首先完成以下步驟,然後才能失去家園:

  • 您的房東必須向您發送正式的租金要求,以支付任何應付的租金。房東必須給您至少14天的時間才能償還所稱的債務,然後他們才能將您告上法庭。
  • 如果您尚未按租金要求的日期還清欠租,則房東可能會在住房法院對您提起未付款的訴訟。
  • Courts are now generally closed to new filings because of EEFPA until February 26, 2021 and you can keep courts closed to your case by sending a Hardship Declaration to the court or your landlord, or both. If you are served with a non-payment case at any time, you should always try to answer, which you can do by phone. You can read more about how to answer on the court’s website 這裡.
  • 您不應該僅僅因為房東威脅您或向您發送通知說他們將驅逐您而離開家。法律上 只要 元帥可以驅逐您。

如果您沒有錢還清房租,可以使用一鍵交易,租金補貼和慈善組織來幫助您。請點擊 這裡 了解更多。

早在6月,立法機關通過了法案,州長Cuomo簽署了《租戶安全港法案》,這項法律禁止在COVID-19期間遇到財務困難的租戶從2020年3月7日起因拖欠租金而被逐出,直到緊急狀態結束。但是,房東仍可以從該時期獲得針對其租戶的任何未付租金的金錢判決。住房法院針對新法規做出了一些裁決,但法律仍在製定中。我們也不知道COVID-19的期限何時結束。對於租戶需要建立什麼樣的證據來證明他們在COVID-19期間經歷了財務困難,不同的法官會有不同的理解,因此我們建議您保存任何可能表明您在租賃期間遇到財務困難的文件。 COVID-19期間。

應該提到的是,紐約州的貨幣判決絕非“輕而易舉”。房東做出金錢判斷後,如果您的帳戶中的金額超過$2,850或$3,600(取決於您的具體情況),房東可以通過扣發工資和限制銀行賬戶來執行該金錢判斷。提供有關紐約銀行帳戶保護的更多信息這裡。貨幣判決在20年內仍可收集,並且會增長,因為紐約的判決利率為9%。

您可能已經收到或可能很快會收到房東律師的動議,以將案件恢復日曆,以便房東可以驅逐您。

如果您收到這樣的動議,則應該聯繫我們的熱線電話,看看我們是否可以代表您。請點擊 這裡 討論您的具體情況。

Just because you received this motion doesn’t mean you’re being evicted immediately and there’s a good chance that you might be able to delay your case by filing a Hardship Declaration. You also have a right to oppose the motion. And, remember that before you can be evicted, your need to be served with a marshal’s notice of eviction, and the marshal has to come to your home to evict you. That’s why it’s important for you to reach out to a lawyer if you receive one of these motions because there may be things a lawyer can do to delay and maybe even prevent the eviction. Everyone’s case is different, so it’s definitely a good idea to speak to a lawyer about your specific situation and what legal options may be available to you.

如果您已經無法支付租金,罷工可能是您和您的鄰居團結起來的好方法。如果您不能作為一個人支付租金,而您的建築物中的許多其他人都在同一條船上,那麼組織一次租金罷工可以使您對房東產生影響。

但是,罷工可能具有風險,特別是對於無證租戶。罷工之前,您應該與經驗豐富的租戶組織者交談。律師同盟權為考慮罷工的人們提供了資源。您可以在以下位置找到它們 righttocounselnyc.org,或Google“ Rent Strike Toolkit”,或轉到 bit.ly/RentStrikeNY,或在文字上(不要稱呼)“ Rent Strike”或“ Huelga De Renta” 646-542-1920.

Because of EEFPA, Housing Court is now generally closed to almost everything against tenants until February 26, 2021 to give tenants a chance to file Hardship Declarations, which can keep Housing Court closed to those cases until May 1, 2021. Even with EEFPA, Housing Court is still open to a small number of cases in the “Nuisance” Part.

Starting March 1, 2021, it’s likely that Housing Court will begin scheduling cases for virtual appearances for those tenants with existing cases where the tenant has not filed a Hardship Declaration. Those cases will likely be able to move forward. However, if the tenant appears, is eligible to sign a Hardship Declaration, and files a Hardship Declaration, that will put the case on hold until May 1, 2021. Almost everything is still proceeding at a slower pace than before COVID-19. If you already have an attorney in your Housing Court case, we encourage you to reach out to them for more details. If you do not have an attorney and you have an ongoing court case, you will receive a postcard in the mail from the court with your next court date, but it’s hard to say when that might happen. It’s also hard to say what will happen with New York’s eviction moratorium after May 1, 2021.

Remember: You can only be evicted from your home if your landlord starts a case in Housing Court, obtains a judgment of eviction against you, you are served with a marshal’s notice, and the marshal comes to your home to evict you.

一般來說,根據紐約州法律, 只有租金穩定的租戶才有權續租。 即使您沒有穩定租金的租約,但如果您居住在1974年以前建造的有六個或更多單元的建築物中,即使您可能沒有租金穩定的租戶,也有可能成為穩定租金的租戶。成為法人單位。如果您不是穩定租金的租戶,則您不太可能獲得續約租約,並且在租約期滿時,房東可以選擇不續租,然後在住房法院對您進行延期提起訴訟。給您適當的通知後。如果您居住的時間少於一年,則您有權獲得的通知期限至少為30天;如果居住時間在一年至兩年之間,則至少為60天;如果您居住的時間至少為90天,在那住了兩年或更長時間。這些不同的通知期限僅在2019年6月成為法律,房東經常將其弄亂,如果房東在開始針對您的保留案件之前未向您提供適當的通知,則可能會在保留程序中為您提供某些辯護。

如果您在2020年3月16日之後被驅逐出境,並且在驅逐前沒有接到大法官的通知,則您的驅逐很可能是非法的,您可以在您居住的行政區的住房法院發起非法停工案回到家中(恢復財產)。

如果您認為自己已被非法鎖定,可以致電給我們。我們會在最後給您電話號碼。或者,您可以自己居住的自治市的住房法院自行提出非法停工程序。

是。如果您需要對公寓進行維修,而儘管您反复提出要求,但房東仍拒絕解決,則可以向住房法院對房東提起惠普訴訟,要求房東進行維修。您可以親自在您居住的自治市的住房法院親自進行,也可以使用在線申請JustFix。 這裡.

如果您受到房東的騷擾,也可以使用JustFix啟動HP Action案例。

是的,NYLAG很高興了解更多信息,以了解我們是否可以為您提供幫助。致電我們免費的NY COVID-19法律資源熱線: 929-356-9582 我們會盡快與您聯繫。了解更多 nylag.org/hotline.

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有關租戶權利和COVID-19最新資源的信息,請單擊 這裡

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