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
