COVID-19 Emergency Rental Assistance Program (ERAP) of 2021

Michael Littman, Partner

A check list from Sidrane, Schwartz-Sidrane, Perinbasekar & Littman, LLP

Restrictions on Evictions

  • What cases are affected?
    • Non-payment of rent, Holdovers, including expired lease cases
  • Pending proceedings stayed pending decision on eligibility
  • Don’t start new cases for:
    • tenants who have applied for monies from ERAP
    • unless or until a decision is made on eligibility

Eligibility under ERAP

  • Tenants show risk of homelessness or housing instability
  • Household income at or below 80% of area median income, depending on several factors

Payments under ERAP

  • Rents or utilities accrued on or after March 13, 2020 for a year plus the possibility of 3 additional months
  • Funds aid directly to the Owner
  • Qualifying for ERAP rent monies
    • before Eligibility Order issues, Owners must agree to accept payments
    • Commissioner of NYS Temporary & Disability Assistance (“T&DA”) will reach out to Owners by: 1. mail, 2. phone, 3. text or 4. email
    • NOTE: Important to answer Commissioner
  • Failure to Accept ERAP Payment within 12 months of determination
    • Owner is “deemed” to have waived rent monies
    • Owner cannot start Non-Payment proceedings
    • Owner cannot collect a Money Judgment
  • Acceptance of Rent Monies from ERAP
    • Arrears for this time period are satisfied
    • No Non-Payments for identical time period
    • Waive late fees related to these rent payments paid under ERAP
    • No rent increases on monies received and for one (1) year after
    • No Evictions permitted for expired leases or holdovers for 12 months AFTER 1st ERAP rental assistance received
      • exception: building with 4 or fewer units
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