An eviction moratorium does not help: why tenants in New York risk being on the street

In March, the New York State Governor introduced a moratorium on evicting tenants. However, major changes in the law will expose residents to the risk of eviction from June 20. The publication shared the details Curbed.

One evening in April, Margarita Lopez knocked on the door. On the threshold stood a man who handed her a sheet of paper and wished good luck. The letter said that on July 31, Lopez would no longer be the tenant of the studio basement in a two-story house on Staten Island.

After reading the letter, the woman realized that if she did not urgently find a new apartment, she could find herself homeless in the midst of a global pandemic. Since then, Lopez, 59, who is in remission from skin cancer and is HIV-positive, has been frantically calling tenant hotlines for advice and reluctantly looking for a new apartment. At the same time, she risks contracting COVID-19 while watching another apartment, which, given her state of health, could turn into a disaster for her. “Every time I go out this door, I am afraid for my life. I feel like I have no power, says Lopez. - I feel like I'm stuck. If I find myself homeless, the shelter is not an option, because eventually I will get sick. I have so many questions about what's next. "

The city took care of the lease issue: is it so

Since a moratorium on evictions throughout the state was introduced in March, New York Governor Andrew Cuomo has insisted that he “take care of the rent.” The official claims that thanks to the moratorium, “the most vulnerable sections of the population are protected.”

But this is an incomplete picture. Experienced financial tenants will still have to pay rent after the moratorium expires.

Despite pressure from tenant lawyers and elected officials to increase rents and free mortgages, the governor postponed action; during a recent briefing, he argued that "if we are still in this chaos in August, then we'll figure it out."

This is little comfort for some tenants who may soon be in line for eviction.

Lopez is one of these vulnerable tenants. The moratorium is in effect until August 20, but Lopez has no way of influencing the situation before she is forced to leave the apartment or is at risk of being evicted.

She lives in an unregulated unit (a private building administered by the New York Housing Administration. - Ed.) And, as a recipient of disability benefits, has not lost income due to the pandemic. She could survive the 90-day moratorium imposed by Cuomo. But when the governor extended the pause with a new decree in May, significant changes occurred.

The main one is that from June 20, the moratorium will only apply to tenants who have suffered from "financial difficulties" due to COVID-19 or who are eligible for unemployment. This means that people like Lopez and other unregistered immigrants may soon be in court, unable to resist eviction during a public health crisis.

And since the wording of the governor’s resolution to extend the moratorium is vague, this opened the door for free interpretation by the judicial system. This jeopardizes more residents at risk of becoming homeless.

Lack of clarity

Lopez says it was difficult for her to figure out how the moratorium on evictions applies to her situation. Calls to tenants' hotlines and lawyers did not provide any concrete answers. The lack of clarity led to insomnia and self-doubt.

To complicate matters further, as of June 20, New York City landlords will be able to report non-payment by tenants and obtain permission to evict them under the latest court directives. However, lawyers on both sides - tenants and landlords - are confused and do not understand how these legal proceedings might end.

Until recently, the moratorium on eviction of tenants seemed understandable, since it offered them full protection against eviction. But recently, the governor issued an order that confused.

A broad category of cases known as holdover proceedings. - Ed.), usually brought against tenants for reasons not related to non-payment of rent, was disregarded during the extension. Some lawyers believe that such cases will be postponed to a later date as soon as the decision comes into force. Difficulties with qualification by the last order may arise both for large workers and other persons who do not have a traditional paper document confirming income. Attorney Patrick Tyrrell says gaps in tenant protection mean that more tenants could be harmed in this situation.

“There are so many unprotected categories in this new order,” Tyrrell observed. "I think there will be very, very difficult times after June 20, unless stronger protective measures are taken."

Who will suffer the most

When the new order takes effect, illegal immigrants will be most at risk. For example, Carlos (name changed), an immigrant from Peru living in Astoria.

Carlos worked in the New York food industry for 17 years, until in March he lost his job as a result of a pandemic. Two of his roommates also did not have documents and lost their jobs in the restaurant industry. Before the pandemic, according to Carlos, they were on good terms with the landlord. Now, when the likelihood of paying rent in the near future is small, these relations have deteriorated. “I tried to explain, but she (the landlord - Ed.) continues to demand rent, says Carlos. - She does not understand what difficulties we are now facing. We don’t pay because we don’t want to - we simply cannot. ”

On the subject: The abolition of rents has put small homeowners on the brink of survival

Finding another job is very difficult now, he says. “The only job that is available to me is the one where I put my health at risk, and I have no insurance,” explained Carlos.

His father now helps him pay his phone bills, his sisters send money for groceries. “I know I need money, but if I have to choose between health and rent, I choose myself. I have to be selfish, ”he said.

Because of his status, Carlos is not eligible for any government assistance, federal incentive checks, or unemployment insurance. He will not be eligible for defense under the latest conditions of the moratorium on evictions unless, according to lawyers, he discloses his immigration status. But it can give unscrupulous landlords an opportunity to alert the Immigration and Customs Enforcement (ICE). Tyrrell calls people like Carlos "a proud class of vulnerable people." “Illegal immigrants are categorically not eligible for benefits, so they only receive protection in accordance with the definition of financial hardship and the disclosure of information that could protect them in court would also go beyond their status,” says Tyrrell.

Weaknesses of the moratorium

Other tenants are faced with problems that the current moratorium brings with it. Although he frees them from eviction, they still have to pay rent in the future. And they will have to deal with this on their own.

Mehmet Kaptan was very happy when he found a two-level four-bedroom apartment in East Village. Spacious apartment with a balcony and a courtyard is within walking distance of several metro stations. Kaptan, an engineer by profession, shared an apartment with three roommates. But when COVID-19 hit New York, the neighbors evicted, leaving him with a debt of $ 6400 to pay for the apartment.

Therefore, Kaptan, together with other tenants, wrote a letter to the homeowner - NAL Management. They called for a dialogue, but the landlord rejected the offer, writing in response: "If tenants do not pay rent, we have the right to file a claim and damage tenants' credit history for non-payment after the lifting of the eviction moratorium," the email said.

NAL Management declined a request for additional comment. The letter also says: “If the tenant is sued for non-payment, it will appear on your credit report for 7 years. For young professionals, this is a long period during which you can try to get a business loan, buy a house, etc. It can ruin your future life. We try to prevent this from happening to our tenants. "

How many tenants in New York

Today, New York City has 5,4 million tenants in more than two million apartments. About a quarter of them did not pay the rent in May, according to the Community Housing Improvement Program.

Housing lawyers insisted on a 90-day suspension of rent for some tenants, but these efforts did not find support from the authorities.

Instead, state lawmakers approved a measure to use federal funds to provide vouchers to homeowners whose tenants lost revenue during the pandemic. However, this assistance will not be available to many struggling tenants who do not meet the income requirements to receive support.

On the subject: 7 things New York City tenants need to know during the COVID-19 pandemic

The legislature passed a bill similar, but not identical, to Cuomo’s latest eviction decree. Its main difference is that it will remain active until the Pause quarantine plan is relevant. This can go on for many months. Both bills are forwarded to Cuomo.

But even with such measures, some tenants, for example, those whose lease term has expired, or those who did not have a lease from the very beginning, still run the risk of being in a hopeless situation.

Finding new tenant housing has been complicated by the pandemic, said Ellen Davidso, a staff attorney for the Legal Aid Society. “We have quite a few tenants whose rents were in effect,” Davidson says. “Because of circumstances beyond their control, they are in danger — they are people who paid rent, but their landlord does not want them to stay.”

But there is good news: in order to evict a tenant, the homeowner will have to make an effort to do this. Take, for example, Lopez. In April, she received the so-called notice of termination of the lease. In this notice, she is warned that she must vacate and transfer the ownership of the premises to the owner / landlord by July 31, 2020. " If she does not, then her landlord will “begin a short trial in accordance with the Statute to remove you from the said premises”. One such notice is not enough to legally evict a tenant; before issuing and executing the eviction order, a trial must be conducted.

But as soon as the housing court reopens, Lopez will be in jeopardy.

She spent more than a month searching for a new apartment that meets her medical needs, but progress in this matter is slow. She can move to her sister on Staten Island if she cannot find a new apartment. At the same time, Lopez plans to appeal to Staten Island Civil Court when he opens to file a motion and win extra time. Indeed, in search of new housing right now, during a pandemic, she risks becoming infected, which could result in her death. "As soon as he (court. - Ed.) Aboutopens, I'll be there, ”Lopez said. “I have to take a chance. I can get sick, but this is what I have to do to survive. "

Homeowner Linda Apice says she sympathizes with Lopez, but needs an apartment for a relative. “I understand and it's hard for me,” Apis said. - I know what she was looking for (housing - Ed.), but I'm sorry that this is not in my power now. ”