The COVID-19 pandemic brought unprecedented challenges, including financial hardships that impacted many tenants’ ability to pay rent. Understandably, a major concern for renters during this period was the possibility of eviction. This article clarifies tenant rights concerning eviction during the COVID-19 pandemic and explains available rental assistance programs. It’s crucial to understand these protections, especially if you’re facing housing insecurity.
Understanding Eviction Protections During the COVID-19 Pandemic
For tenants facing rent payment difficulties during the COVID-19 pandemic, specific protections were put in place. The Tenant Safe Harbor Act, for instance, provided a crucial shield against eviction. This act prevented courts from evicting tenants for non-payment of rent accrued between March 7, 2020, and January 15, 2022, provided the tenant experienced financial hardship during this period. While landlords could still sue for unpaid rent, eviction based solely on COVID-related rent debt within this timeframe was prohibited if financial hardship could be demonstrated.
This protection meant that if a landlord attempted to evict a tenant for rent owed during the covered COVID-19 period, the tenant could use financial hardship as a legal defense. Proving financial hardship would prevent eviction, although the landlord retained the right to pursue rent recovery through other legal means.
The Role of Emergency Rental Assistance Programs (ERAP)
Emergency Rental Assistance Programs (ERAP) were established to provide crucial financial aid to tenants struggling with rent payments. Applying for ERAP offered significant eviction safeguards. Once an ERAP application is submitted, tenants gain protection against eviction based on lease expiration or rent non-payment that ERAP could potentially cover. Upon application submission, tenants receive a notice with an application number, which can be presented to landlords or the court to halt eviction proceedings related to lease expiration or eligible unpaid rent.
Provisional Approval and Eviction Protection
Tenants who completed their portion of the ERAP application and received provisional approval gained further protection. Provisional approval signifies that the tenant’s part of the application is complete, but the landlord still needs to submit necessary documentation for final approval and payment. Crucially, provisional approval immediately prevents eviction due to lease expiration or COVID-19 related rent debt. This protection remains in place for a year from the provisional approval date, even if the landlord fails to complete their application steps. Showing the provisional approval notice to the court effectively halts eviction attempts based on these grounds.
Full ERAP Approval and Landlord Obligations
Full ERAP approval, achieved after the landlord completes their application portion, brings even stronger protections and landlord obligations. Upon receiving ERAP funds, landlords must agree to specific terms:
- ERAP payment fully satisfies the tenant’s rent obligations for the covered period.
- Late fees accrued on ERAP-covered arrears are waived.
- Monthly rent cannot be increased above the application-time amount for the assistance period and for one year post-ERAP payment.
- Landlords cannot evict tenants for lease expiration or holdover tenancy for one year after receiving ERAP payment. An exception exists for buildings with four or fewer units if the owner or immediate family intends to occupy the unit as a primary residence.
Eviction for Reasons Unrelated to Rent or Lease Expiration
It’s important to note that eviction is still possible for reasons other than rent non-payment during the COVID-19 covered period or lease expiration. Landlords can pursue eviction if tenants intentionally cause significant property damage or persistently disturb other tenants, creating safety hazards. Furthermore, failing to pay rent not covered by ERAP or violating lease terms can also lead to eviction proceedings.
Local Emergency Rental Assistance Programs
The eviction protections extended under the state ERAP law also applied to communities operating their own emergency rental assistance programs as of September 2, 2021. However, tenants who applied to local programs before this date and whose landlords accepted payments might not receive the same level of eviction protection. It’s crucial to verify the specific rules of local programs and the dates of application and payment acceptance.
Landlord Refusal of ERAP and Tenant Protections
A critical protection exists even if a landlord refuses to accept ERAP. Once a tenant applies for ERAP and is deemed eligible, the landlord cannot evict them for rent non-payment during the covered period, even if the landlord refuses to cooperate with the ERAP program. In such cases, tenants receive a letter confirming their protection, which can be presented in court to defend against eviction attempts.
Tenants cannot be evicted for rent owed during the period ERAP would cover, even if the landlord refuses the funds. This protection extends to both past arrears and prospective rent assistance outlined in the provisional approval notice. Furthermore, landlords who refuse ERAP cannot obtain a monetary judgment against the tenant for the ERAP-covered period. This provides a strong legal defense for tenants in eviction proceedings.
Landlord refusal to accept ERAP, or acceptance coupled with changes in residency terms or neglect of repairs, may constitute unlawful discrimination based on lawful source of income. Tenants experiencing such discrimination can contact the New York State Division of Human Rights or the New York City Commission on Human Rights for recourse.
Privacy and Information Sharing
Tenant information provided for ERAP applications is protected and will not be shared with ICE or immigration authorities unless legally required by state or federal law. This ensures tenants can access vital assistance without fear of immigration-related repercussions.
This information is for general guidance and does not constitute legal advice. Tenants facing eviction should seek legal counsel to understand their rights fully and address their specific situation.
