Moratorium on evictions in New York expired: thousands of citizens could lose their homes

The moratorium protecting New Yorkers from evictions expired on August 5. Now thousands of families, unable to pay their rent, risk ending up on the street. About what to expect for New Yorkers in the near future, the newspaper writes Gothamist.

Who will it affect

The moratorium on evictions imposed by New York State Governor Andrew Cuomo expired on August 5. This means that now thousands of New Yorkers are under threat of eviction.

At risk are families that received eviction notices in January, February and March, before the COVID-19 pandemic. In connection with the coronavirus pandemic, by order of the governor and the leadership of the court, their eviction was suspended.

“The moratorium on evictions expires at midnight today,” said Judith Goldiner, chief attorney for civil law reform at The Legal Aid Society. "This is due to the governor's orders to extend certain court hours, which also expire at midnight."

This could affect at least 14 New York families who received eviction orders during the PAUSE quarantine plan. Marshals may begin issuing eviction notices to these families as early as Thursday 6 August. Tenants may be evicted within two weeks of receiving notice.

However, due to ongoing issues with the US Postal Service, some families may not receive an eviction notice until the Marshal appears at their door. “What will happen to them? How do they know how to deal with it? How do they know what their rights are? Goldiner is worried. “These are families that would most likely be able to pay rent from savings or earned money if PAUSE had not been introduced and they would not have lost their jobs. Or they could get government assistance to pay their rent. ”

Who is still protected by law

Tenants unable to pay their rent due to financial hardship during the COVID-19 crisis are protected from eviction under the Tenant Safe Harbor Act. At the end of June, this law was signed into law by the state governor.

However, this does not prevent landlords from going to court and demanding rent payments during the ongoing pandemic. The law also does not apply to tenants who are in debt before the pandemic began.

The Office of Court Administration (OCA) is awaiting the release of updated court instructions; the corresponding decision should be made on August 6 by Cuomo. “We want to see what the governor does before we issue new orders,” said OCA spokesman Lucian Chalfen.

New York Mayor Bill de Blasio called on the state to protect people from evictions. “Once again, I urge the state, whether through Assembly Legislation or Executive Order, to reaffirm that anyone in this situation who simply cannot pay will be allowed to create a debt settlement plan based on when resources become available.” The mayor said during a press briefing on Wednesday 5 August.

For tenants in need of legal assistance, de Blasio recommended calling 311 at the Office for Tenant Protection.

Goldiner added that if such families are evicted, it could worsen the public health emergency due to the coronavirus, which has killed more than 23 people in New York.

According to the Department of Social Services's Office of Civil Justice (DSS), out of 14 families, about 2200 are in custody for lease violations and other disputes, and 11 are in custody for non-payment. housing. DSS conducted an analysis earlier this summer to prepare for a wave of evictions, said Isaac McGinn, a department spokesman. “This summer we sent out letters to tenants we identified as being at risk (evictions - Ed.), and we continue this work by informing New Yorkers about the resources available to them, including free legal aid, ”McGinn said.

Meanwhile, on Wednesday morning, August 5, a group of tenant activists from Brooklyn protested outside the landlord lawyers' offices. Chanting, they called for the rent to be canceled and the evictions stopped: "No lawyers, no cops - this must all stop!"

In addition to a potential eviction crisis, hundreds of thousands of people are at risk of facing another challenge. The $ 600 weekly supplemental benefits that many New Yorkers rely on are not unlimited.

On the subject: How to keep getting unemployment benefits if you are back at work

Furman Center estimates that the 279 lower-income tenants who received the supplemental payments will face an increased rent burden, as will the 400 people who lost their jobs but did not apply for unemployment benefits.

Jay Martin, executive director of the Community Housing Improvement Program, said property owners have no choice but to go to court. “The vast majority are in dire financial straits, as are their tenants. They are mostly forced to seek evictions because the government did not provide any direct subsidies to tenants. It has done nothing to truly help property owners, ”Martin said.

CHIP, a rent-stabilized group of property owners, found that 17,7% of tenants did not pay their rent in July. This figure is better than what it was between April and June. However, it is difficult to predict how the situation will turn out when the weekly payment of $ 600 expires (August 1 the deadline for unemployment benefits has been extended by 20 weeks).

Edition New York Post writes that with the expiration of the moratorium on evictions, about 400 thousand families are at risk of being on the street. "Up to 400 families across New York could go to Housing Court as the coronavirus damages people's health and finances," the report said.

Meanwhile, negotiations in Washington on a new federal aid bill have stalled. “We have to prevent people being evicted,” said Judith Goldiner. “What will we do when 400 families lose their apartments and become homeless?”

Eviction protection measures

The good news, however, is that there are also some safeguards against evictions.

In June, Andrew Cuomo signed into law a law to defend tenants in Housing Court facing economic hardship amid the coronavirus crisis. Thanks to this law, judges can prohibit evictions if tenants can prove that non-payment of rent was due to financial difficulties that began after the outbreak of COVID-19.

To prove this, tenants will have to collect tax returns and other documents showing losses, and find a good lawyer. This can be challenging for New Yorkers whose jobs are not cash-based — couriers, handymen, cleaners, nannies, and contractors. “It's an important defense, but it won't save everyone,” Goldiner said.

A study by New York University's Furman Center found 279 working-class families in the Big Apple rent housing and receive a weekly unemployment benefit of $ 600 from the federal government.

On the subject: Unemployed New Yorkers can get more than $ 4 thousand benefits: what you need to know

Another 111 tenants were severely affected by the pandemic, but did not receive federal assistance, which most likely put them at serious risk of eviction.

And there are 14 families that were in the process of being evicted when the pandemic broke into New York. Their cases were left unfinished as the courts closed.

The financial crisis is likely to hit families across the country, which today has over 30 million unemployed.

Earlier, the Democrats in the House of Representatives passed a $ 3 trillion bill, thanks to which New Yorkers will continue to receive payments of $ 600. At the same time, Senate Republicans have proposed a new formula that would cut aid to $ 200 a week before switching to a new formula that would pay 70% of previous earnings.

“Both my partner and I lost our jobs as a result of the pandemic. We work in the entertainment business, ”said Ariel Lembeck, 33, a Brooklyn resident, who protested the evictions on Tuesday August 4. She added that in the near future, the organization of events will not be in demand.

Unable to improve her financial situation in the foreseeable future, she has relied on extended federal unemployment benefits to help pay the bills with the funds. “The additional $ 600 supplement is critical to keeping my rent paid and maintaining the basic needs of my life,” she added. "I am really afraid not only for myself, but also for society as a whole."