COVID-19 Recovery Center

Renters

Many renters across the city have faced tremendous challenges the past year and it is critical they get the support they need. Both the state and federal government have taken steps to help renters stay in their homes.

COVID-19 Emergency Rental Assistance Program

The New York State Budget includes $2.4 billion in rent relief for tenants across the state. The program will be administered by the Office of Temporary and Disability Assistance.

Eligibility

The following are the eligibility criteria for the COVID-19 Emergency Rental Assistance Program:

• Applicants must earn less than 80% of the Area Median Income. Please see the chart below to determine if you are eligible.
• Applicants must have experienced financial hardship and housing instability during the pandemic.
• Individuals who have been unemployed for 90 days and earn up to 50% AMI will be prioritized.
• The Rent Relief Fund will not consider immigration status.

Amount

Eligible households may receive rent relief program funds to cover the following expenses:

• Up to 12 months of owed rent for households
• Up to 12 months owed in utilities
• Up to three months of prospective future rent
• Approved participants will receive one year of eviction protection

How to Apply

Tenants can apply directly for aid, as can landlords with a tenant’s consent. The funds will go directly to landlords.

You can apply to the Emergency Rental Assistance Program through Office of Temporary and Disability Assistance’s online portal. Applications are being accepted on a rolling basis.

Eviction & Tenant Protections

• Approved participants will receive one year of eviction protection, although tenants may still be able to be evicted for nuisance cases.
• Landlords who sign up for rent relief cannot raise the tenant’s rent for a year.
• Landlords who refuse to accept rent relief within 12 months waive their right to collect the unpaid rent and can’t pursue a monetary action or judgement against the tenant.
• Tenants can use a landlord’s lack of cooperation as a defense in court.

Centers for Disease Control (CDC) Eviction Moratorium

The CDC has issued a temporary eviction moratorium through July 31, 2021.

How it Works

The CDC order generally prohibits landlords from evicting tenants for non-payment of rent, if the tenant submits a written declaration that they are unable to afford full rental payments and would likely become homeless or need to move into a shared living setting.

This prohibition applies to any agent or attorney acting as a debt collector on behalf of a landlord or property owner. Debt collectors who are filing an eviction are required to provide written notice to tenants of their rights under the eviction moratorium on the same date that the eviction notice is disseminated or on the day the action is filed.

Exceptions

There are exceptions to the eviction moratorium that are important for households to be aware of:

• Landlords are allowed to serve eviction notices and file eviction lawsuits as long as families are not removed from their homes until the moratorium expires.
• Landlords can question the veracity of the statement of hardship despite it being signed under penalty of perjury.
• The moratorium only applies to non-payment evictions. Evictions for other reasons, like nuisance, can still proceed.
• The moratorium doesn’t protect tenants from being evicted once their lease is up.

Eligibility

You are eligible to apply for protection from eviction if any of the follow apply to you:

• You received a stimulus check (Economic Impact Payment) in 2020 or 2021
• You were not required to report any income to the IRS in 2020
• In 2020 or 2021, you earned (or expect to earn) less than $99,000 as an individual or less than $198,000 as a joint filer. You are likely to have earned under this amount if you receive any of the following benefits:
  • Supplemental Nutrition Assistance Program (SNAP)
  • Temporary Assistance for Needy Families (TANF)
  • Supplemental Security Income (SSI)
  • Social Security Disability Insurance (SSDI)

AND you cannot pay full rent or make a full housing payment because:

• Your household income has gone down substantially
• You have been laid off from work
• Your work hours or wages have been cut
• You have extraordinary out-of-pocket medical expenses

How to Apply

In order to apply, you must fill out a Declaration Form. You can find the Declaration Form in multiple languages here.

If you’d like help from an expert, contact (800) 569-4287 or visit here to get contact information for a local HUD-approved housing counselor.

Once you complete the declaration, give the signed declaration page to the individual or company you rent from (for example, building management, landlord, etc.). You should keep a picture or copy for your records and call an expert if there’s a problem.

You can find additional information on the CDC’s eviction moratorium here.

New York State Eviction Moratorium

The COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 suspends eviction proceedings and pending NY eviction orders if the tenant filed a hardship declaration with the landlord, the court, or a marshal. The Eviction Moratorium has been extended until August 31st, 2021.

Eligibility

You are eligible to be protected by the eviction moratorium if you are experiencing financial hardship, are unable to pay rent or other financial obligations under the lease in full, or are unable to obtain alternative suitable permanent housing because of one or more of the following:

• Significant loss of household income during the COVID-19 pandemic.
• Increase in necessary out-of-pocket expenses related to performing essential work or related to health impacts during the COVID-19 pandemic.
• Childcare responsibilities or responsibilities to care for an elderly, disabled, or sick family member during the COVID-19 pandemic have negatively affected your ability or the ability of someone in your household to obtain meaningful employment, earn income, or increased necessary out-of-pocket expenses.
• Moving expenses and difficulty securing alternative housing make it difficult to relocate to another residence during the COVID-19 pandemic.
• Other circumstances related to the COVID-19 pandemic have negatively affected your ability to obtain meaningful employment or earn income, have significantly reduced household income, or have significantly increased your expenses.
• Vacating the premises and moving into new permanent housing would pose a significant health risk because any member of your household has an increased risk for severe illness or death from COVID-19 due to being over the age of 65, having a disability, or having an underlying medical condition.

How to Apply

If you are eligible to be covered by the eviction moratorium, you need to complete a Hardship Declaration. Once you complete the form, sign it, and deliver it to your landlord, you cannot be evicted  for nonpayment of rent or for holding over after the expiration of your lease until the eviction moratorium ends.

If your landlord has provided you with this form, your landlord must also provide you with a mailing address and e-mail address to which you can return this form.

If your landlord has already started an eviction proceeding against you, you can return this form to either your landlord, the court, or both at any time.

You should keep a copy or picture of the signed form for your records.

Exception

You may still be evicted for violating your lease by persistently and unreasonably engaging in behavior that substantially infringes on other tenants or causes a substantial safety hazard to others.

You will still owe any unpaid rent to your landlord. You should also keep careful track of what you have paid and any amount you still owe.

Your landlord may be able to seek eviction once the eviction moratorium has expired.

You can find additional information about the New York State eviction moratorium here.

Home Energy Assistance Program (HEAP)

The Home Energy Assistance Program (HEAP) helps low-income New Yorkers pay the cost of heating their homes. The state budget for the HEAP program was increased by $450 million for a total of $950 million.

How it Works

There are two programs each year: 1) heating, and 2) cooling. Eligible households may receive one regular benefit per program year. Households could also be eligible for emergency HEAP benefits if they are in danger of running out of fuel or having your utility services shut off.

HEAP is available regardless of your heating source (electricity, natural gas, oil, propane, etc.).

Eligibility

Eligibility for HEAP is based on the following qualifications:

• IMMIGRATION STATUS: U.S. citizens, U.S. non-citizen nationals or permanent residents (with a valid Social Security number for each household member)
• INCOME: Households that receive SNAP, Temporary Assistance, or Supplemental Security Income are eligible, as are those with a monthly household income at or below the HEAP income guidelines.
• Owners and renters can both qualify for HEAP.

How to Apply

Eligible households can apply for HEAP online through the mybenefits.ny.gov. New York City residents can find local HEAP contacts here.

Additional information about HEAP can be found here.