How COVID-19 Affected New York Landlord-Tenant Laws
Like many other cities around the world, New York has had to make new adjustments to many of the laws regarding the city, with special attention to the economic challenges brought about by the Covid 19 pandemic.
The real estate sector in New York was greatly affected by the changes to landlord-tenant laws instituted by New York courts in a proposal made by then New York Governor Andrew Cuomo. These protections were set up by the Federal government and New York City Council to help slow down the spread of coronavirus by ensuring New Yorkers were safe in their homes during the pandemic.
Protections for tenants
Moratorium on residential evictions
In understanding that the covid 19 has dealt a big economic blow to tenants, causing sudden loss of jobs and many businesses to lock down, New York city placed a moratorium on residential evictions to tenants. This moratorium meant that landlords could not evict tenants who did not meet their rent obligations due to Covid-19-related economic hardships.
Moratorium on residential foreclosures
New York City placed a ban on foreclosure proceedings on residential houses. This moratorium prohibited landlords from executing foreclosures during the period of the pandemic, https://www.nycourts.gov/eefpa/. It also allowed landlords and homeowners owning 10 or fewer residences to file hardship declarations with their mortgage providers or other financial partners to prevent foreclosures.
Moratorium on commercial evictions and foreclosures
This moratorium protected small businesses with under 50 employees from losing their premises during the covid 19 pandemic. However, this moratorium required tenants to produce a declaration showing how the hardship resulted from the Covid 19 pandemic.
Protections for landlords and homeowners
Protection from tax lien sales
Before the pandemic, the New York city council could sell a property or issue a foreclosure if a landlord failed to meet their tax obligation on the property. While the tax payments were still due and payable under the new laws, the local governments were prohibited from engaging in tax lien sales for the duration of the moratorium.
Protection from negative credit reporting or discrimination
The new laws protect landlords or homeowners from being denied credit by mortgage lenders because their properties have a stay of mortgage, tax lien sale, or foreclosure proceedings. Lenders were also prohibited from denying landlords credit based on any arrears they may have accrued on their property if they made a hardship declaration against them. Lenders were also prohibited from making negative credit reports on landlords and homeowners following non-payment of monies owed to them in the moratorium period.
Protection for senior citizens and disabled homeowners
New York City requires local governments to provide applications for tax exemption for senior citizen homeowners and disabled homeowners. The city also required the local governments to carry over SCHE and DHC exemptions from 2020 to 2021 while providing renewal applications for homeowners who may have been eligible for extended exemptions in 2021.
Under the new landlord-tenant laws instituted by the New York city council on March 20th, 2020, landlords could not evict their tenants due to failure to pay their rent or mortgage on time or at all during the pandemic, even if it is indicated in the lease agreement. The new law also prohibited landlords from effecting any charges on non-payment or late payment of rent or mortgage for the period the moratorium was in effect.
However, while the moratorium was in place, the tenant also had an obligation to write a hardship declaration to the landlord. However, this declaration did not necessarily have to prove that their inability to pay rent or mortgage directly resulted from the loss of income due to the Covid 19 pandemic.
While the new laws stopped filing of court proceedings by landlords on the grounds of non-payment of rent, it also allowed landlord-tenant proceedings instituted before March 17th, 2020, to continue, but with a caveat that no eviction would take place while the moratoriums were in place.
Tenants could get their security deposits paid to the landlord on the occupation of the property applied to cover unpaid rent. However, this protection only applied if the tenant requested so in writing and on the condition that the tenant would replenish the deposit at a rate of 1/12 of the amount used on rent per month.
While tenants could enjoy their homes and not suffer eviction, they still owed money to the landlord. Tenants still had to find ways of meeting their rent obligations even though they were under the protection of eviction from the New York and Federal governments. New York landlord tenants laws require landlords to provide lease agreements to their tenants and that both landlord and tenant meet the terms of the lease agreement.
Most tenants who lost their jobs or businesses due to Covid 19 lockdowns could apply for financial aid from the federal government. While Congress approved and sent out financial aid to help renters clear out the arrears accrued during the pandemic, it took much longer than expected for the money to reach all of the renters in New York. This delay caused panic among the tenants, who feared the moratorium expiry date would find them in arrears, subjecting them to eviction. Landlords would also be left with no choice but to institute eviction notice proceedings in court.
While current New York Governor Kathy Hochul extended the eviction moratoriums to protect landlords and tenants, she also requested and was given rent relief from the federal government. Both tenants and landlords were advised to apply for rent relief and keep updated on moratorium extensions regarding the pandemic.
Landlords requiring state-specific New York lease agreements https://www.ezlandlordforms.com/documents/new-york-lease-agreement-with-ezsign-112377/, eviction notice forms, rent demand forms, or any other forms regarding the New York landlord-tenant laws can download them online from companies like ezLandlordforms.
