Eviction protections changed overnight — literally

(THE CITY) August 27, 2021

Last night around 10 p.m., the U.S. Supreme Court decided to strike down the federal eviction moratorium imposed by the Centers for Disease Control and Prevention.

This means that in the past few weeks, two moratoriums protecting New Yorkers from eviction have been removed.

Now, there are only two piecemeal protections left in place for renters throughout the state

ERAP — If you apply for the state’s Emergency Rental Assistance Program,your eviction case is paused and a new one can’t be started until you hear back whether you’ve been approved or not. If you are approved, then you can’t be evicted for a year.

You can apply here, and read our tips for applying here. And make sure you keep any communication from the state about your application to use as evidence in court if necessary.

New York’s Office of Court Administration is also now requiring landlords to notify the courts if their tenant applied for ERAP, if the landlord applied on the tenant’s behalf or if the tenant was approved for the program. There’s a special form that landlords need to fill out here.

Tenant Safe Harbor Act — If you can prove in court that you experienced a financial hardship between March 7, 2020, and June 24, 2021, you can be protected from an eviction for nonpayment of rent because of New York State’s Tenant Safe Harbor Act. However, under this law a landlord can still request, and a judge can still demand money for rent due, and it doesn’t cover tenants who’ve overstayed their lease.