FAQs: New York City Renters’ Rights during COVID-19

Sanctuary for Families

Last Updated 09/02/21

On Thursday, August 26, the US Supreme Court struck down a federal eviction freeze designed to keep tenants housed in New York City and other places with high rates of COVID-19. But on September 1st, Gov. Hochul signed a law amending and extending New York’s eviction protections through January 15, 2022. 

See below for answers to frequently asked questions about NYC renters’ rights during COVID-19:

I submitted a Hardship Declaration and/or a CDC Declaration to my landlord or the court, what protections do I have?

Can I be physically removed from my home?

I have fallen behind on my rent. What do I do?

My landlord is threatening to evict me. What can I do?

1. I submitted a Hardship Declaration and/or a CDC Declaration to my landlord or the court, what protections do I have?

    • On September 1, 2021, Gov. Hochul signed a law, providing that if you previously submitted a Hardship Declaration (see below) to your landlord or the court, no steps may be taken to evict you until at least January 15, 2022 (subject to the exceptions outlined below)
    • On August 26, 2021, the Supreme Court issued an order vacating the CDC’s nationwide moratorium on evictions of any tenants who submit a CDC Declaration.
      • This means CDC Declarations no longer protect tenants from evictions.
      • If you submitted a CDC Declaration only, you should submit a Hardship Declaration to your landlord and/or the court as soon as possible.

2. Can I be physically removed from my home?

Was a judgment of possession and warrant of eviction issued against you and/or were you served with a Notice Eviction?

  • If YES, before you can be removed, your landlord must file a motion, asking the court for permission to move forward with the eviction, AND the court must hold a status conference.
    • If you provide a Hardship Declaration (see below) to your landlord or the court, you cannot be removed until at least January 15, 2022 (subject to the exceptions outlined below)

  • If NO, see the section below addressing New & Pending Cases

New & Pending Eviction Cases

Were you served with a Notice of Petition and Petition, indicating that your landlord has commenced an eviction case against you in NYC Housing Court?

    • If YES, if you provide a Hardship Declaration (see below) to your landlord or the court, the case is stayed until at least January 15, 2022 (subject to the exceptions outlined below)
      • Email your Hardship Declaration to the housing court for your borough:

    • If NO, if you provide a Hardship Declaration (see below) to your landlord, your landlord cannot commence an eviction case against you until at least January 15, 2022 (subject to the exceptions outlined below)

    • In addition, if you apply for rental assistance from ERAP (see below), your landlord cannot commence or move forward with an eviction case against you, until you receive a decision regarding your eligibility for ERAP.
      • If you applied for ERAP but also owe rent from before March 14, 2020, the judge may allow the case to move forward, unless you submit a Hardship Declaration.

Default Judgement

Normally, if you fail to timely “Answer” a Notice of Petition and Petition, your landlord can obtain a “default judgment” of possession and warrant of eviction against you, and proceed with removing you from your home.

    • As of September 1, 2021, your landlord cannot obtain a default judgment against you until at least January 15, 2022, unless the landlord first files a motion, and the court holds a hearing
      • If you provide a Hardship Declaration (see below) to your landlord or the court, the case is stayed until at least January 15, 2022 (subject to the exceptions outlined below)
    • If a default judgment was issued against you prior to December 28, 2020, or between August 13, 2021 and September 1, 2021:
      • The judge must remove the default judgment upon your request; and
      • If you provide a Hardship Declaration (see below) to your landlord or the court, the case is stayed until at least January 15, 2022 (subject to the exceptions outlined below)

Hardship Declaration

You cannot be evicted until at least January 15, 2022, if you provide your landlord or the court with a declaration, indicating that you qualify for eviction protection because:

    • You are experiencing financial hardship, unable to pay your rent in full, or unable to obtain alternative suitable permanent housing because of: 
      • Significant loss of household income during COVID-19 pandemic;
      • Increase in necessary out-of-pocket expenses related to performing essential work or health impacts during COVID-19 pandemic; 
      • Inability to obtain meaningful employment or earn income, or increase in necessary out-of-pocket expenses, due to childcare responsibilities or responsibilities to care for an elderly, disabled, or sick family member during COVID-19 pandemic; 
      • Hardship to relocate during COVID-19 pandemic, due to moving expenses and difficulty securing alternative housing; or 
      • Inability to obtain meaningful employment or earn income, or significant reduction in income or increase in expenses, due to other circumstances related to COVID-19 pandemic; and / or
    • Vacating and moving into new permanent housing would pose a significant health risk because you or household member have an increased risk for severe illness or death from COVID-19 due to being over age of 65, having a disability, or having an underlying medical condition

Exceptions: Evictions protections by submitting Hardship Declaration do not apply if:

    • Petition filed against you alleges nuisance: “unreasonable behavior that substantially infringes on the use and enjoyment of other tenants or occupants or causes substantial safety hazard to others.”
    • Petition filed against you alleges that you intentionally caused significant damage to the property
    • Your landlord files a motion, alleging that you have not experienced hardship and, after a hearing, the court determines that your hardship claim is invalid 

Visit this website to download the Hardship Declaration in several languages: https://nycourts.gov/eefpa/

3. I have fallen behind on my rent. What do I do?

    • To date, no law has been passed that would absolve you of your obligation to pay rent; accordingly, you are still legally required to pay all rent owed to your landlord.
    • However, the Tenant Safe Harbor Act provides that you cannot be evicted (via a judgment of possession and warrant of eviction) for nonpayment of rent for the “COVID-19 covered period” beginning March 7, 2020 and ending June 24, 2021, if you have suffered financial hardship during such period.
      • However, your landlord can still get a money judgment against you for unpaid rent during the COVID-19 covered period.
      • Further, if you fell behind on rent, or a judgment of possession and warrant of eviction were issued against you, prior to March 7, 2020, or you have fallen behind on rent after June 24, 2021, you are still vulnerable to eviction, subject to the protections described above.
    • New York has established ERAP to distribute over $2.7 billion of federal funds, and cover up to one year of rental arrears, beginning on March 13, 2020, and up to three months of rent after you apply.
      • To qualify, renters must demonstrate: household income at or below 80% AMI (in 2020 OR at time of application); experiencing financial hardship due to COVID-19 (e.g. qualified for unemployment, experienced reduction in household income; incurred significant costs); risk of homelessness.
      • The program will prioritize, among other things, households below 50% AMI; households with individuals who have been unemployed for 90 days prior to application; victims of domestic violence; eviction case pending
        • Households living in state or federally-subsidized housing (e.g. NYCHA, Section 8, FHEPS, CityFHEPS) will be last priority.
      • Undocumented New Yorkers may qualify, and documentation of immigration status will not be required as part of the application process.
      • No eviction proceeding may be commenced against an applicant for this program, and any pending eviction proceedings shall be stayed pending determination of application.

If you cannot pay all of the rent owed, you can: 

    • Talk to your landlord, and try to negotiate a payment plan.
    • Before you apply for a one-shot deal from HRA, you must first apply for ERAP

4. My landlord is threatening to evict me. What can I do?

    • If your landlord illegally locks you out, call 911 to be restored to your apartment.
    • Report harassment or discrimination by contacting 311.