Media & Publications

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

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

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New Notice Disclosing Tenants Rights to Reasonable Accommodations for Persons With Disabilities

NEW REASONABLE ACCOMMODATION NOTICE UPDATE

  • On March 25, 2021, Governor Cuomo signed a new law, repealing and replacing the law he signed last year (December 2020), which required that the reasonable accommodation notice that was on the Division of Human Rights (“DHR”) website be distributed to all tenants.

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No Need for Pending Eviction Proceeding

FHEPS Assistance Temporarily Available

Educate Your Tenants

  • Tenants DO NOT currently need a pending non-payment proceeding to receive rent arrears from FHEPS. This requirement is temporarily waived until at least May 1, 2021.

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DHCR Taking Too Long?

FILE A MANDAMUS ACTION IN SUPREME COURT

  • Do you have a pending DHCR proceeding?
  • Have you been waiting on a decision for an unreasonable amount of time?
  • Do you want a decision within a certain amount of time?

If you answered YES to all of the questions above, then you should contact us and have us file a Mandamus application in Supreme Court!

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Legal Options During the Housing Court Shutdown

New Restrictions Imposed on Eviction Proceedings

On December 28, 2020, Governor Cuomo signed the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020. The Act is intended to suspend eviction proceedings at least until March 1, 2021, and in most cases until May 1, 2021. Here are the key takeaways:

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COVID Rent Relief Program Reopened for Tenants

UPDATE: Governor Cuomo expands his Executive Order regarding eligibility criteria for tenants who can apply for the COVID Rent Relief Program.

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No One Is Paying Rent? Tell Them to Try HRA

Here is another source for tenants to obtain rent monies – Emergency Rental Assistance Grants (one-shot deals).

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Rediscovering Discovery in Eviction Proceedings After Regina Metro

Tenants do not have an automatic right to discovery in housing court. Thus, they must seek permission of the court to perform discovery. Generally, in non-payment, and even holdover proceedings, in Housing Court, it is very common for a tenant to interpose a defense or counterclaim of rent overcharge. When a tenant makes such a claim, the next step is to make a motion seeking the rent history of the apartment in order for the tenant to attempt to bolster the claim of rent overcharge. Following the passage of the Housing Stability and Tenant Protection Act of 2019 (HSTPA) on June 14, 2019, the rules regarding discovery in summary eviction proceedings were vastly altered.

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DHCR Notice of Public Hearing

DHCR NOTICE OF PUBLIC HEARING

Wednesday, September 9, 2020 from 10:00 am to 4:30 pm

In response to the Governor’s Directive to take every effort to keep New Yorkers safe and mitigate the spread of Covid-19, and pursuant to Executive Order 202-1, and its updates, the New York State Division of Housing and Community Renewal (DHCR) will be conducting public hearings via teleconference. Instructions for members of the public to simultaneously view or listen to the meetings will be posted to HCR’s website for the Office of Rent Administration (“ORA”) under the Regulatory Information – Notice of Public Hearing section prior to the meetings (https://hcr.ny.gov/office-rent-administration-ora). The hearings will later be transcribed, and the public will have the ability to view the transcripts on ORA’s website. The hearing will be held on Wednesday, September 9, 2020 from 10:00 am to 4:30 pm.

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Update on Housing Court Proceedings

Our Process Servers are open and ready to serve and file papers.

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