A Moratorium on Evictions Ends
On Saturday, June 20, Governor Cuomo’s eviction moratorium was lifted, opening the housing courts and causing panic across New York. The moratorium was originally enacted in response to the stay-at-home order following the onset of the COVID-19 pandemic, as millions across the state became unemployed. Now, every eviction case from the past three months as well as those that went stagnant in March due to the outbreak are fair game for the courts. Fifty New York City lawmakers have called on Cuomo to extend the moratorium.
In the original plan, the courts would reopen for in-person hearings, but this is no longer the case due to a potential risk of increase in the spread of COVID-19. Now, eviction commencement documents can be sent through the mail or by NYSCEF (electronically) and hearings will be held virtually.
With the lifting of the eviction moratorium also came a second order, promising continued protection until August to those in cases who are eligible for unemployment or who have faced financial hardship as a direct result of the COVID-19 outbreak. However, this vague qualification has caused further confusion for many landlords and tenants.
Recent studies show that over 28 million people are at risk of eviction, and it is expected that over 50,000 cases will be filed with the reopening of the housing courts.
The situation is complicated for landlords, many of whom are worried about losing their properties. In the past three months, an estimated 25% of tenants have not paid rent. However, landlords and attorneys who mail in eviction filings must now sign an affidavit swearing they reviewed all eviction restrictions and state “in good faith” that their case applies. If a landlord wrongfully interprets the confusing qualifications set forth by the government, he/she may be penalized.
The facts hint at a very difficult and confusing future for landlords and tenants alike. Do you have questions about how these events will affect you, or about the new proceedings/qualifications? Call us at (718) 554-6445.
