Eviction

How to Navigate the Eviction Process in New York City: Understanding Legal Notices, Procedures, and the Role of Process Service Agencies

This article will provide guidance on How to Navigate the Eviction Process in New York City: Understanding Legal Notices, Procedures, and the Role of Process Service Agencies. To begin the eviction process, landlords are required to provide tenants with written notice of termination. Depending on the circumstances surrounding the eviction and the laws that are in effect, different types of notice may be necessary. A private process service agency like Undisputed Legal can be invaluable to ensure that your papers are delivered with ease, no matter when your documents have to be served. Click here for information on How To Evict a Tenant in New York: A Step by Step Guide

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In New York City, landlords cannot initiate an eviction on their own. Independent evictions by landlords are unlawful. Taking drastic action on your own might result in hefty penalties. Only after a summary eviction procedure can the sheriff lawfully remove occupants from the property or may the eviction process continue. There is a certain procedure that landlords in New York City must follow to evict a tenant. A landlord has the right to give a renter fourteen days’ notice to pay rent or vacate the property if the tenant is more than one month late with rent payments. The renter has fourteen days from the date of this notice to either pay the entire rent or depart the premises. Landlords have the right to initiate a summary nonpayment procedure in court if tenants do not comply with the notification. The notice of eviction becomes the document that further legal proceedings hinge on. Consequently, a private process service agency like Undisputed Legal upon which you can place your trust becomes of vital importance. Click Here for Frequently Asked Questions About Process Servers!

What starts an eviction

Landlords have the right to start summary holdover eviction proceedings if tenants do not evacuate the property by the due date and do not comply with the termination notice. The first step is to go to the courthouse at the property’s location and file a petition. This also includes the Notice of Petition. Tenants have the right to contest the summary holdover by pointing out landlord procedural errors, such as incorrect notification or serving the incorrect parties. Consequently, one of the most important steps in ensuring an eviction is the service of your notice. Click here for information on How To Identify A Good Process Service Agency

A private process service agency like Undisputed Legal can help you serve papers carefully and according to your specifications. It should be known that tenants have the option to contest the claims made in the notice of termination and pursue legal action if necessary. We at Undisputed Legal can make sure your case is smooth and without hiccups by providing fast and efficient service. Click here for information on How Rush Process Service Can Expedite Your Case.

Is a Just Cause Eviction Possible in New York?

New York City landlords often need a good cause to end a tenant’s lease. Waiting until the lease ends is the proper procedure for landlords who do not have a good cause to evict a tenant. Based on the length of the tenant’s occupancy, landlords are obligated to provide them with a notice of non-renewal after the lease agreement expires. Click here for information on How Service of Process Ensures A Solid Foundation.

A tenant’s personal belongings may remain in the rental unit after they depart. Even if there are no rules in New York on what to do with abandoned property, landlords still cannot just throw out the tenant’s stuff. When a tenant abandons their property, a landlord will still have a responsibility to provide the tenant with some notice. Any property that has not been claimed by the tenant within a reasonable period may be sold or otherwise disposed of by the landlord. Click here for information on How Process Servers Protect Your Rights: Myths Debunked

When initiating eviction proceedings, landlords in New York must follow all laws and regulations. To avoid having eviction suits dismissed and having to pay more for legal representation, it is essential to adhere strictly to these standards. A private process service agency like Undisputed Legal can help serve your papers appropriately within the requirements of the jurisdiction.

So, When Can an Eviction take Place?

Tenants in New York City often face eviction proceedings when they break the terms of their lease. Some examples of such violations include keeping pets in a flat that does not allow them, illegally subletting the property, and doing extensive damage to the rental property. Such infractions go against the mutually agreed-upon conditions between the landlord and renter. But still, can a landlord merely evict the tenant without informing them?

No. A Notice to Cure is the legal document that should be served to a tenant in these cases. The best way for landlords to safeguard their property and have a leg up in court in the event of a violation-based eviction is to have well-written, thorough, and legally binding lease agreements. On the other side, renters need to make sure they fully grasp their agreement to prevent any unforeseen violations. Between landlord and tenant, a private process service agency can be very helpful to facilitate communication and prevent your case from being thrown out for incorrect service requirements.

It should be known that it is a major violation to use rented property for unlawful purposes. This may include a wide range of illicit operations, including producing and distributing drugs. The landlord must use extreme care in any situation where they suspect unlawful behavior, following the eviction rules of New York City and making sure that any action taken against the renter is lawfully warranted. Landlords have the right to send tenants with written termination notices after delivering a Notice to Cure. This is done if the tenant fails to rectify the lease violation or if the problem is incurable. A precise date is included in the notification to tell the renter that their lease agreement has ended. Usually, the landlord will offer the renter seven days’ notice to leave the property.

The landlord is required to provide the tenant a Notice to Cure if the tenant breaches any particular clause of the lease. The tenant has ten days from the date of notification to fix the lease breach. New York City Housing Law mandates a minimum cure time of ten days and a private process service agency like Undisputed Legal will deliver the document before this deadline. After the allotted cure time has passed and the tenant has still not complied, the landlord may issue a Notice of Termination.

Understanding a Holdover Proceeding

If a tenant breaches their lease, the owner may initiate a summary procedure to seize the flat. If the lease specifies that a tenant may be terminated for ‘nuisance’ behavior, the owner has the right to initiate eviction procedures in response to offensive behavior. As a general rule, ‘nuisance’ behavior is defined as that which is both ongoing and extremely harmful to the well-being of the tenants in the immediate vicinity. To initiate the eviction process, owners are required to present proof that the tenant’s actions meet this requirement. Before the process can begin, the landlord must give the tenant a preliminary notice that ends the lease. In addition to the reasons listed above, the owner may initiate holdover proceedings in the event of an illegal sublet, non-primary residence, unlawful use, or the expiration of the lease in cases where no renewal is required by law.

Seniors who have received a Notice of Eviction or a written notice from their landlord can get eviction prevention assistance and legal referrals. Summary eviction proceedings in New York are governed by Article 7 of the Real Property Actions and Proceedings Law (RPAPL). The only lawful way to evict a tenant for nonpayment of rent is through a summary proceeding that contains the appropriate cause of action. Before commencing a nonpayment eviction case in court, a landlord must serve a written fourteen-day rent demand. Since the HSTPA went into effect, landlords can no longer use a three-day notice of unpaid rent or an oral rent demand.

What is the earliest date on which the fourteen-day notice can be served? Under the statutory language, a tenant must be in default when the notice is served. If rent is due on the first of the month, the notice may not be served on the first because the tenant is not in default until after the first.

The notice of petition and petition must be served before the time at which the petition is noticed to be heard. The tenant can answer at the time of the hearing, or before, but may not be required to answer before the hearing. The tenant may also make motions (for dismissal, summary judgment, etc.) at the time of the hearing or before. If a written motion is filed before the hearing, the motion must be set for hearing at the same time as the petition. Since eviction documents depend on a strict deadline, a private process service agency like Undisputed Legal can ensure your papers are delivered in time.

Warnings Before Eviction

Providing formal notice to the tenant is the first stage in eviction procedures. Different types of notice are required for different grounds for eviction. In the event of a lease breach, a Notice to Quit would be given; in the event of nonpayment of rent, a Demand for Rent would be employed. The renter must be given a clear date to either fix the problem or vacate the property, and this notice must be served correctly. It should be known that every single legal document should be served appropriately. A private process service agency like Undisputed Legal can make sure that your documents are served regardless of the number of papers you need to serve on different timelines. An eviction action might be rejected if the landlord does not follow tight standards for giving appropriate notice. To be sure you’re following the law, it’s a good idea to use legal templates or get advice from an expert like the private process servers at Undisputed Legal.

Renters in New York City have an absolute right to be notified before the eviction procedure starts. This rules out the possibility of landlords evicting tenants without giving them enough notice. The grounds for eviction dictate the specific notifications and deadlines that must be met. Tenants who are about to be evicted due to nonpayment of rent, for example, are required to be given a fourteen-day notice, during which they are given the option to either pay the rent or evacuate the premises. Tenants have the chance to resolve the problem and prevent eviction during this notice period.

If the tenant does not comply with the landlord’s Notice to Cure, the landlord has the right to serve the tenant with a Notice of Termination. The tenant will be notified of the tenancy being terminated due to the tenant’s failure to rectify the lease breach. The tenant will be given thirty days to vacate the rented unit. The landlord has the right to initiate eviction procedures via the court system if the tenant refuses to vacate the leased property. Without just reason, a landlord cannot terminate a lease. Before requesting or expecting a tenant to vacate, a landlord without a valid reason to do so must wait for the lease or rental term to expire. However, landlords are still obligated to provide tenants with notice should they decide not to renew their lease.

Service of papers in an Eviction

An officer from the court will personally give the tenant a copy of the petition and notice of the petition. If the renter is unable to accept the papers, they might be given to an adult residing with them. This is known as Substitute Service. A process server like those at Undisputed Legal will ensure that a duplicate of the papers is left in a safe and easily noticeable location near the property door. The extra duty of sending the papers by first-class mail as well as registered/certified mail falls on the server when the Substituted Service or Posting method is used. It should be known that we at Undisputed Legal make sure that your service is adequate. Nail-and-mail service is not a typical option, and we utilize due diligence to serve papers at defendants’ workplaces or even via publication.

It is improper for landlords to personally deliver the paperwork to their tenants. Someone who is not engaged in the case must be asked to do it on their behalf, like the servers at Undisputed Legal. The individual designated to deliver the legal notices to the renter must adhere to certain protocols. The individual cannot function as a landlord representative more than five times a year. Anyone associated with the matter must step aside. Before the hearing, the tenant gets ten to seventeen days to be ready.

The renter is required to respond within ten days if the matter pertains to the nonpayment of rent. The court will set a hearing for three to eight days after the receipt of the tenant’s response. If you do not reply within the specified time frame, the landlord may be able to win the lawsuit. However, the eviction procedure is halted if the renter settles their account in full before the hearing.

A Writ of Execution is granted within a few hours to a few days after the hearing, assuming the tenant does not choose the lengthy and intricate procedure of appealing for reconsideration in New York. The Writ of Execution gives the renter a maximum of fourteen days to evacuate the property, assuming there are no challenges for reconsideration.

Proceedings in Court

Landlords have the right to initiate eviction proceedings in housing court if tenants fail to comply with the pre-eviction notice. The next step is for the court to hold a series of hearings during which the sides may argue their cases.

The evidence and legal papers will be examined by the court, including the lease agreement, records of payments, and any correspondence between the landlord and renter. Landlords must maintain exact records since the result is highly dependent on their compliance with New York City eviction rules.

Keep in mind that eviction regulations and procedures may vary based on factors including whether the rental property is rent-regulated or not and whether it is situated within or outside of New York City. Our Undisputed Legal private process servers are up-to-date on eviction laws both in and out of New York City. Issuance of a Notice to Vacate often occurs between fourteen and ninety days after the grounds for eviction n and the lease agreement. Landlords must provide the renter a notice to comply before they can file for a judicial eviction. The tenant should receive a duplicate of the Petition and Notice of Petition.

The tenant will be physically evicted if the landlord is granted a judicial ruling in their favor. No private citizen, not even the landlord, can do this; only an authorized law enforcement official can. This is an important step in the process to follow so that the eviction may be carried out lawfully and securely, protecting the tenant’s rights and avoiding any further legal issues.

A livable house is a fundamental right of tenants protected by New York City eviction rules. Landlords are therefore obligated to make sure that their rental premises comply with certain maintenance, health, and safety regulations. The property must meet certain criteria to be considered habitable, such as having an adequate supply of heat and water, being free of pests, and being structurally sound. When these requirements are violated, tenants have the right to demand repairs and, in some situations, even to withhold rent until the repairs are performed.

Keep your records

It is essential to maintain meticulous records to provide evidence to the judge if the tenant contests the eviction and responds to the court. If there is a disagreement, evidence may determine the success or failure of your overall eviction request.

It is crucial to indicate all messages—whether automatic or manual—if the renter was issued payment reminders by text, email, letter, or mail. Even while it’s typically not necessary, having proof that the landlord informed the renter might be helpful. For this reason, it is highly recommended that all communications be documented in writing rather than being conducted over the telephone or in person.

How have Evictions Changed After the COVID-19 Moratorium

The New York State Eviction Moratorium expired on January 15, 2022. Further, New York’s Housing Stability and Tenant Protection Act (HSTPA) of 2019 dramatically changed the eviction process only months before the pandemic hit As such, it is important to know the status of evictions in the jurisdiction. It is against the law to engage in a lockout, which is sometimes called unlawful eviction or self-help eviction. It is the right of every renter, even those in private residential programs, to remain in their house until either they voluntarily vacate or are forcibly removed from it by the court.

A nonpayment eviction proceeding in Housing Court is the sole authorized means of removing a tenant who has failed to pay rent. Tenants have a right to know when their rent is overdue, how much it is, and that eviction is imminent if payment is not made. The owner has the right to initiate a nonpayment proceeding in Housing Court and serve the tenant with papers three days following the notice or oral demand for rent. The renter must respond to the petition in person at the office of the Housing Court Clerk. After that, the tenant will receive a court date from the Clerk. The tenant will have the chance to argue their case before a judge in Housing Court on the scheduled court date.

Any time eviction proceedings are involved, both parties should consult an attorney. A private process service agency like Undisputed Legal can help serve your papers by the laws of the jurisdiction, but eviction is a tough and emotionally charged situation. Involving Undisputed Legal to serve your papers means that your documents are served with the utmost discretion and sensitivity. We aim to serve your papers as quickly, delicately, and completely as possible.

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New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022
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Long Island: (516) 208-4577 – 626 RXR Plaza, 6th Floor, Uniondale, New York 11556
Westchester: (914) 414-0877 – 50 Main Street, 10th Floor, White Plains, New York 10606
Connecticut: (203) 489-2940 – 500 West Putnam Avenue, Suite 400, Greenwich, Connecticut 06830
New Jersey: (201) 630-0114 – 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 – 1101 Pennsylvania Avenue, N.W. Suite 300, Washington DC 20004

FOR ASSISTANCE SERVING LEGAL PAPERS

Pick up the phone and call Toll-Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your process service needs; no job is too small or too large!

Contact us for more information about our process-serving agency. We are ready to provide service of process to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington, D.C.

“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives”– Foster, William A

Sources

1. Taking Legal Action Against a Renter With a Month-to-Month Lease
Landlords are required to provide tenants the following notice periods according to the length of their occupation, in the case of month-to-month leases or rental agreements:

For occupation periods of less than one year or those having a one-year history of leasing, the notice period is thirty days.
Sixty days’ notice is required for tenants with one- to two-year contracts or for occupation periods between one and two years.
Tenants with two-year contracts or longer are required to provide 90 days’ notice.

2. And laws enacted during COVID-19, such as the Tenant Safe Harbor Act will continue to affect housing practices going forward.

3. Section 711 of the RPAPL provides: ‘No tenant or lawful occupant of a dwelling or housing accommodation shall be removed from possession except in a special proceeding.’

4. The petition must contain the elements found in RPAPL 741, and shall be verified as required by that section, as well as the New York Civil Practice Law and Rules (CPLR) 3020-3022.

5. New York Real Property Acts section 711(2) of 2023.

6. New York Real Property Acts §§ 711, 753(4) (2023

7. New York Real Property Law Section 226-c (2023).

8. COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020, or CEEFPA) was set to expire on August 31, 2021. On August 12, the United States Supreme Court enjoined enforcement of its eviction-preventing provisions

How To Evict a Tenant in New York: A Step-by-Step Guide

This article will provide guidance on how to evict a tenant in New York: A step-by-step guide. Navigating the eviction process in New York can seem daunting. However, understanding each step thoroughly equips landlords with the knowledge to proceed confidently and legally. This guide aims to simplify the eviction process, ensuring landlords know precisely what actions to take and when. Click here for information on How Rush Process Service Can Expedite Your Case.

Understanding the Grounds for Eviction

Firstly, landlords must identify a valid reason for why they choose to Evict a Tenant in New York, such as non-payment of rent or breach of lease terms. These reasons form the foundation of the eviction process and guide the subsequent steps landlords must take. Click Here for Frequently Asked Questions About Process Servers!

Initiating the Eviction with Preliminary Notices

Landlords start the eviction process by issuing a notice to the tenant. This notice serves two purposes: it allows tenants to fix the issue (cure) or leave the property (quit). For instance, if a tenant fails to pay rent, a landlord might issue a notice giving the tenant a specific timeframe to pay before moving forward with eviction. Click here for information on How Process Servers Protect Your Rights: Myths Debunked.

Filing the Eviction in Court

If the tenant does not resolve the issue, the landlord moves on to file a petition for eviction with the court. This step officially starts the legal eviction process, signaling a shift from informal resolution attempts to formal legal proceedings.

Presenting the Case at a Court Hearing

Both the landlord and the tenant present their sides at the court hearing. Here, a judge examines the evidence and decides whether to issue an eviction order. A well-prepared presentation by the landlord can significantly influence the outcome.

Executing the Eviction Order

Upon receiving the court’s eviction order, the landlord can then proceed with the eviction. A sheriff or marshal, not the landlord, officially carries out the eviction process. They serve the eviction notice to the tenant, specifying the eviction’s timing and ensuring the process adheres to legal standards.

Special Considerations During Eviction

Moreover, the law requires special care for vulnerable individuals during an eviction. Landlords and marshals must coordinate with social services to protect children, the elderly, and disabled tenants, demonstrating compassion and compliance with legal protections.

Managing the Tenant’s Property

Landlords must also carefully handle the tenant’s property. Regulations dictate how to store or dispose of the tenant’s belongings, emphasizing respect for the tenant’s rights and the legal obligations of the landlord.

Conclusion

To Evict a Tenant in New York unfolds through a series of legal steps, from issuing the initial notice to executing the eviction order. By following this guide, landlords can ensure they conduct evictions legally and ethically, minimizing stress for all parties involved. Ultimately, understanding and adhering to the eviction process not only protects landlords’ property rights but also upholds the dignity and rights of tenants.

OFFICE LOCATIONS

for assistance serving eviction papers

You can pick up the phone and call Toll Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all of your Eviction service needs; no job is too small or too large!

Contact us for more information about our process-serving agency. We are ready to provide service of process to all of our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington D.C.

HOW TO EVICT A TENANT IN NEW JERSEY

This article will provide guidance on how to evict a tenant in New Jersey. When seeking to evict a tenant in New Jersey, a landlord must follow specified standards and processes. Terminating the lease or rental agreement is one of the initial steps in Evict A Tenant in New Jersey. In certain instances, the landlord is required to provide notice to the tenant prior to terminating the lease. In other instances, the landlord may file an eviction lawsuit against the tenant directly in court.

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NOTICE FOR TERMINATION WITH CAUSE

In New Jersey, a landlord must have a cause or a legal basis to terminate a lease early. The most frequent grounds for a landlord to terminate a tenancy early are nonpayment of rent, violation of the lease or rental agreement, or commission of unlawful conduct on the premises. In the majority of these instances, the landlord is required to offer notice to the renter. The sort of notice that is necessary (or is not required) will vary according to the cause for termination. Click Here for Frequently Asked Questions About Process Servers!

The landlord is not obligated to provide notice to the tenant if they are evicted for nonpayment of rent, as long as the landlord does not accept late rent from the tenant on a regular basis. If the tenant does not pay rent on time, the landlord may go immediately to court and file an eviction case against the tenant, thus terminating the lease^[1].Click here for information on How Rush Process Service Can Expedite Your Case.

MAJOR REASONS FOR TERMINATION WITH CAUSE

No lessee or tenant, or their assigns, subtenants, or legal representatives, may Evict A Tenant in New Jersey Superior Court from any house, building, mobile home park, or tenement leased for residential purposes, except [A.] owner-occupied premises with no more than two rental units, or a hotel, motel, or other guest house or portion thereof rented to a transient guest or seasonal tenant; or [B.] a dwelling unit held in trust for another lessee or tenant. There needs to be a good cause to Evict A Tenant in New Jersey. Click here for information on How Service of Process Ensures A Solid Foundation.

Any portion of rent unpaid by a tenant to the landlord but used by a tenant to continue utility service to the rental premises after receiving notice from an electric, gas, water, or sewer public utility that such service was in danger of discontinuance based on nonpayment by the landlord, will not be deemed unpaid rent. A good cause for Evict A Tenant in New Jersey would be that in spite of a notice to stop, the person has persisted in acting in such a way that it has disrupted the tranquility of the residents or other tenants of the property. This is also true for when intentional or extreme carelessness has resulted in or permitted the property to be damaged, defaced, or destroyed. Essentially, when a tenant continues to violate or break any of the landlord’s rules and regulations on the premises, even after receiving a notice to stop, it is considered a violation of the landlord’s rights. Click here for information on How Process Servers Protect Your Rights: Myths Debunked

A reasonable covenant or agreement should be included in the lease for the premises where a landlord’s right of reentry is reserved in the lease for a violation of such a covenant or agreement has been violated or breached by the person after written notice to cease such violations or breaches. ‘Substantially’ means that the person has violated or breached any of the covenants or agreements in the lease for the premises pertaining to illegal uses of controlled dangerous substances or any other illegal activities. Regardless of the landlord has a right of reentry reserved in the lease for the violation of such covenant or agreement, in public housing under the control of a public housing authority or redevelopment agency, to Evict A Tenant in New Jersey if they conduct illegal and dangerous activities.

In the absence of a legitimate notice to vacate and a notification of an increase in rent, if the person has failed to pay the rent – provided the increase in rent is not unconscionable and is in accordance with all applicable laws and local regulation- then this is good cause for eviction. When cited by housing inspectors for serious violations impacting the health and safety of tenants, and the owner cannot afford to correct the problems, a landlord or owner may decide to board up or demolish the property. Alternatively, they may decide to comply with housing inspectors’ orders for repairs, even if doing so would put them at risk of losing their rental income, then the landlord can evict said tenant^[2].

The eviction does not apply if the owner wishes to permanently retire a residential building or mobile home park from a residential use or use as a mobile home park. At lease termination, the landlord or owner makes reasonable modifications to the terms and circumstances of a rental agreement, including any extension of the lease term. The tenant declines to accept these changes after receiving written notice.

After receiving a formal cease-and-desist order, the individual has consistently and illegally refused to make timely rent payments. Landlords and mobile home park owners may convert their properties to condominiums, cooperatives, and fee simple ownership of at least two units. An order to take possession will not be issued until a tenant is removed in accordance with this clause. The ‘Senior Citizens and Handicapped Protected Tenancy Act’ prohibits eviction actions against tenants who are either senior citizens or disabled and have a protected tenancy status.

The owner of a building or mobile home park that was constructed as a condominium, cooperative, or fee simple ownership or is currently undergoing conversion seeks to evict a tenant or sublessee whose initial tenancy began after the master deed, agreement establishing the cooperative, or subdivision plat was recorded, because the owner has contracted to sell the unit to a buyer who seeks to, and the contract for sale requires that the unit be empty at the time of closing^[3].

WHAT IS A THREE-DAY NOTICE TO QUIT

The landlord may issue the renter a three-day notice to vacate in certain circumstances. The tenant has no right to address any infractions or inappropriate conduct. The three-day notice must warn the tenant that the landlord will terminate the lease or rental agreement and initiate eviction proceedings against the tenant at the conclusion of the three days due to the tenant’s stated conduct. The landlord may serve by New Jersey Process Server the tenant a three-day notice to quit in case of [A.] disorderly conduct; [B.] destruction of the landlord’s property; [C.] conviction for use, possession, or manufacture of an illegal drug, or [D.] assaults or threats against the landlord^[4].

THIRTY-DAY NOTICE TO QUIT

The landlord may serve by New Jersey Process Service a thirty-day notice to vacate if the tenant continues to breach the lease or rental agreement after repeated warnings, or if the renter pays rent late on a regular basis. The thirty-day notice must warn the tenant that if the tenant violates the lease or rental agreement or pays rent late on a consistent basis, the landlord will terminate the rental agreement and file an eviction action against the tenant at the conclusion of the thirty-day period

EVICTION WITHOUT CAUSE

If a landlord does not have legal grounds to evict a tenant, the owner must wait until the lease ends before expecting the renter to go. Depending on the form of lease, however, the landlord may still be required to serve by New Jersey Process Service a written notice to vacate to the tenant.

If the landlord desires to terminate a month-to-month lease, they must provide the tenant with written notice of one month. This notice must say that the tenant’s tenancy will expire at the end of the month and that they must vacate the rental unit by that date. If the tenant has not vacated the rental unit by the end of the month, the landlord may bring an eviction case against the renter on the grounds that the tenant is a stay tenant.

At least one month of notice and an exact date must be given by landlords in New Jersey before a tenancy may be terminated. With shorter (or no) notice in certain cases, one may be allowed to leave if the landlord breaches the terms of the rental agreement or fails to meet legal obligations that impact their health and safety, for example. If the tenant has a fixed-term lease or rental agreement, such as one year or six months, the landlord is not required to provide any kind of notice to vacate, unless the contract expressly requires such. The owner might anticipate the renter vacating the premises before the lease term expires.

WHAT HAPPENS IF AN EVICTION IS CONTESTED

Even if a landlord believes an eviction is appropriate, a tenant may choose to contest the eviction. This might result in a delay in the eviction process and an increase in the expense of the litigation. The renter may have various legitimate defenses to the eviction, including that the landlord did not follow legal eviction processes or that the landlord discriminated against the tenant.

A landlord may only evict a tenant from a rental property if the landlord prevails in an eviction case. Even if the landlord wins in the litigation, the landlord will not be the one to evict the tenant. A law enforcement officer is responsible for this. It is unlawful for a landlord to evict a tenant from a rental unit, and the renter may sue the landlord who makes such an attempt.

The landlord may find that the tenant has left the personal property at the rental unit after the tenant has moved out. Before disposing of the property, the landlord must first notify the tenant of the property. To do this, the landlord must send the tenant notice through the mail (either certified mail or receipted first-class) informing the tenant that the tenant has thirty-three days to claim the property or the landlord will dispose of it. If the tenant does not claim the property during the appropriate time frame, then the landlord can either sell the property or dispose of it. The landlord can also charge the tenant for the storage costs of the property during this time.

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FOR ASSISTANCE SERVING EVICTION PAPERS

Pick up the phone and call Toll Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all of your process service needs; no job is too small or too large!

Sources

^[1] 2A:18-53. Removal of the tenant in certain cases; jurisdiction Except for residential lessees and tenants included in section 2 of this act, any lessee or tenant at will or at sufferance, or for a part of a year, or for one or more years, of many houses, buildings, lands or tenements, and the assigns, under-tenants or legal representatives of such tenant or lessee, may be removed from such premises by the Superior Court, Law Division, Special Civil Part

^[2] All parties and the court must be informed of the department’s view on whether or not it is possible to comply with the law without removing the tenant, or is a governmental agency that wants to permanently retire the tenant; has been cited by local or State housing inspectors or zoning officers and it is impossible to correct such illegal occupancy without removing the tenant; To Evict A Tenant in New Jersey a tenant for any cause, a warrant for possession cannot be granted.

^[3] However, no action shall be brought against a tenant under this subsection unless the tenant has been provided with a statement. An owner of three or fewer condominium or cooperative units seeks to evict a tenant whose initial tenancy began through rental from another owner of three or fewer units after the master deed or agreement establishing the cooperative was recorded. The landlord or owner granted the tenant’s tenancy in exchange for and in consideration of the tenant’s employment by the landlord or owner as superintendent, janitor, or in some other capacity, and such employment has been terminated.

^[4] The following notice shall be required:

a. For an action alleging disorderly conduct under subsection b. of section 2, or injury to the premises under subsection c. of section 2, or any grounds under subsection m., n., o. or p. of section 2, three days notice prior to the institution of the action for possession;

b. For an action alleging continued violation of rules and regulations under subsection d. of section 2, or substantial breach of covenant under subsection e. of section 2, or habitual failure to pay rent, one month’s notice prior to the institution of the action for possession;

c. For an action alleging any grounds under subsection g. of section 2, three months’ notice prior to the institution of the action;

d. For an action alleging permanent retirement under subsection h. of section 2, 18 months’ notice prior to the institution of the action and, provided that, where there is a lease in effect, no action may be instituted until the lease expires;

e. For an action alleging refusal of acceptance of reasonable lease changes under subsection i. of section 2, one month’s notice prior to the institution of action; f. For an action alleging any grounds under subsection l. of section 2, two months’ notice prior to the institution of the action and, provided that where there is a written lease in effect no action shall be instituted until the lease expires;

g. For an action alleging any grounds under subsection k. of section 2, three years’ notice prior to the institution of the action, and provided that where there is a written lease in effect, no action shall be instituted until the lease expires;

h. In public housing under the control of a public housing authority or redevelopment agency, for an action alleging substantial breach of contract under paragraph (2) of subsection e. of section 2, the period of notice required prior to the institution of an action for possession shall be in accordance with federal regulations pertaining to public housing leases.

The notice in each of the foregoing instances shall specify in detail the cause of the termination of the tenancy and shall be served either personally upon the tenant or lessee or such person in possession by giving him a copy thereof, or by leaving a copy thereof at his usual place of abode with some member of his family above the age of 14 years, or by certified mail; if the certified letter is not claimed, notice shall be sent by regular mail.

FEDERAL EVICTION MORATORIUM EXPIRES: WHAT TO DO NOW

The federal government eviction moratorium ended on July 31^st, bringing into question the housing situation of many families. However, days after a national eviction moratorium expired, the Biden administration on Tuesday issued a new, more limited freeze that remains in effect for a longer period.

In response to the ending of the eviction moratorium, the Centers for Disease Control and Prevention then issued a fresh order suspending evictions temporarily in regions seeing an upsurge in coronavirus infections, citing substantial and significant transmission of the Delta form of the coronavirus as a reason for the extension. As of the 1^st of August, the CDC reported that more than 80 percent of counties in the United States were categorized as having significant or high levels of community transmission.

The CDC said in its statement that the directive is designed to target certain regions of the nation where cases are quickly rising and are likely to be aggravated by large evictions.

HOW THE PROLONGED EVICTION MORATORIUM IS ENFORCED

It must be noted that the moratorium allows much leeway for evictions to occur – subject to where individuals reside and the jurisdiction that they may fall in. This provides a certain modicum of ambiguity for tenants, depending on which state they may fall under. Questions of evictions and renters’ rights have been raised, especially considering eviction negotiations when tenants are required to catch up on past-due rent.

As of June, more than six million individuals were in arrears on their rent. Landlords in the United States are still due about twenty-seven billion dollars in rent from tenants. A lawsuit was filed by two landlord organizations contesting the current government ban on evictions. The lawsuit accused the Justice Department of ‘gamesmanship’ at the cost of property owners.

The filing was a reaction to the U.S. District Court for the District of Columbia by the Alabama Association of Realtors and the sister organization in Georgia. The claim from the organizations centered around the argument that the current legislation stopping evictions was a ‘political maneuver’ to extend an ‘unlawful’ federal eviction moratorium.

REASONING FOR NON-CONTINUATION OF THE MORATORIUM

In response to the White House’s proposal to reinstate the defunct grant program, President Biden has been unambiguous in his statement that neither the White House nor the CDC had the power to extend the program. The new eviction moratorium is not an absolute extension or permanent relief but provides immediate respite for the renter households who are currently behind on their rent. Additionally, the moratorium addresses individuals who were at an increased risk of eviction when the previous federal eviction moratorium expired on July 31^st.

The foremost aim of the new moratorium has been explicated to ensure renters are safely and stably housed. Furthermore, the two-month period is cited as a transitory period to allow state and local governments more time to distribute emergency rental assistance (ERA) to households in need.

To further boost vaccination rates, the moratorium on evictions provides more time for rent assistance to reach the community and for vaccination rates to rise. Quarantine, isolation, and social distance are helpful public health measures that may be used during a pandemic to stop the spread of infectious illnesses. Eviction moratoria make it easier for individuals who are sick or are at risk of spreading COVID-19 to stay away from crowds and instead isolate themselves and quarantine themselves in their own houses.

The new moratorium in effect [A.] prevents tenants who live in neighborhoods where COVID-19 has been detected in a significant or high quantity from being evicted attributed to non-payment of rent, [B.] establishes a ban that lasts two months and applies to tenants who live in a neighborhood where the degree of community transmission is at or above a high or significant level; [C.] mandates renters to provide their landlord with a signed declaration form to be covered under this policy, with renters who previously submitted declaration forms not being required to do so again; and most importantly [D.] does not relieve renters from their obligation to pay rent.

RENTER RIGHTS

It should be remembered that any eviction conducted between August 1^st and August 3^rd is not self-executing as to the moratorium, since the rule is not retroactive. Any evictions for non-payment of rent that began prior to the decision — but have not yet been finalized — are subject to the prolonged moratorium. The prolonged eviction prohibition is in force until October 3^rd.

The ban will take effect if the region in question starts to see ‘substantial or high levels of community transmissions’ of the coronavirus.

WHEN CAN AN INDIVIDUAL BE EVICTED

The CDC order states that if any jurisdiction in the United States encompassed by the order does not see a significantly increased number of cases for fourteen consecutive days, the order will terminate. However, it has been communicated unambiguously that as soon as the eviction restriction is removed, tenant rights will revert to their pre-epidemic levels, with certain exceptions for tenants who are still economically disadvantaged as a result of the pandemic.

Tenants in residential settlements funded by the federal government and who fall under the single-family category, particularly the departments of Housing and Urban Development, Agriculture, and Veterans Affairs, continue to be protected until September 30^th as a result of a Biden administration statement on July 29.

Regardless, the newest order of the CDC protects the tenant from eviction if their neighborhood has been covered therein. Additionally, even if the landlord is not protected, eviction rules remain in effect. Landlords must adhere to the same regulations that existed before the pandemic. If they commence eviction proceedings against individuals, they must properly inform the tenant as to any violation or default on their lease and commence eviction procedures in court. This would also mean that barring a court-ordered eviction, the landlord cannot prevent tenants from entering the flat or house. Locks cannot be changed and personal property cannot be removed. Additionally, tenant utilities cannot be turned off. Landlords who resort to extreme measures like lockouts may assume that they will be exonerated by the tenant’s flagrant wrongdoing. However, the tenant’s failure to pay rent, refusal to clean up after themselves, or other problematic behavior may result in a landlord being sued for wrongful eviction, trespass, or even assault.

Self-help evictions are illegal in almost every state, therefore any landlord breaking the law will be punished. Also, renters may sue for penalties, such as several months’ rent as well as actual money losses, which would be items like the cost of temporary housing. In certain jurisdictions, renters are allowed to stay on the premises even if they attempt to collect rent, whereas in others tenants may only be compensated for losses.

If tenants believe their landlord is attempting to evict them illegally, they are entitled to submit a complaint. However, the tenant should contact the law enforcement agencies and clearly indicate that they are reporting an illegal lockout.

OTHER ASSISTANCE OFFERED

Even if tenants are unable to cover their costs, they should maintain communication with the landlord at all times. Certain landlords are amenable to working with renters and negotiating is always worthwhile. There are renters who are unlikely to get assistance since they ceased paying rent despite the fact that they could afford to do so. Certain landlords have claimed that renters who did not experience job loss took advantage of the ban on evictions. Renters may be unable to bargain to catch up on past-due rent in such situations.

If, however, the fiscal position remains tight, the tenants may want to negotiate a partial payment. If the financial situation improves, they may request a payment plan that allows them to stretch out the back rent and costs, which will be incorporated into the monthly payment.

To minimize the amount they owe, it is recommended to inquire with the landlord about waiving late fees and penalties, with an additional request that any security deposits paid in advance be used toward catching up.

Non-profit housing counseling agencies, authorized by the U.S. Department of Housing and Urban Development, are a great source of information about alternatives. HUD-approved housing organizations can aid in the search for affordable housing alternatives if tenants are in a position where they are about to be evicted. The Treasury Department has also been responsible to put up a list of rental assistance programs for renters and landlords that may help locate the aid they need.

REQUISITES TO AVAIL RELIEF

As a respite, economic relief will be provided to those with low incomes who are experiencing financial distress due to the pandemic and who have underpaid rent because of this disaster. In certain locations, money is provided to landlords so that they may make up for rent that their tenants fail to pay. A payment plan agreement must be agreed upon by both landlords and renters before funds are issued. It should be borne in mind that rental assistance available is subject to [A.] the state in which the landlord and tenant reside and [B.] qualifying criteria. However, a major issue that has arisen is that prior to the pandemic, the country had no infrastructure to effectively furnish billions of dollars worth of rental relief to individuals in need, forcing states and cities to effectively create their own programs. This has led to multiple issues, not least of which was the overlogging of application portals and the labyrinthine application requirements demanded from both landlords and tenants.

To be eligible, tenants must demonstrate that they have experienced economic hardship due to the pandemic and would be in danger of homelessness if they are evicted. They may have extra requirements from their state and municipal governments. Some locations have stricter income requirements. A number of entities, including non-profit organizations, provide funds to undocumented tenants.

Unlike previous moratoria, the current eviction moratorium does not mean that tenants’ past-due rent is forgiven. The federal eviction ban prevents courts from processing certain eviction cases but it did not cancel rent or any late fees, penalties, or interest charges. Courts in parts of the country not covered by the ban are going to begin evictions again. In parts of the country, landlords who wish to pursue cases against their tenants will again be able to do so.

It is flagrantly illegal to ignore an eviction notice. Furthermore, an important factor that needs to be considered is that since the moratorium is not retroactive and cannot in actuality shelter those renters who have already been evicted from their homes, the priority of the state and local governments should be the provision of Emergency Rental Assistance to tenants. The responsibility of state and local governments should be rehabilitation to prevent destitution. . Most states and communities need to do much more to quickly distribute ERA to struggling renters and to ensure programs are visible, accessible, and preventive of evictions.

Additional renter protections, such as the right to counsel, expungement of eviction records, and just-cause eviction standards, are needed to help protect renters now and in the long term. The National Housing Law Project (NHLP) developed model state legislation for a ‘Safe at Home Act’ that implements many of the policies described in Safe at Home: Non-Monetary Relief for Tenants During the COVID Emergency.

FOR ASSISTANCE SERVING LEGAL PAPERS

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Sources

1. Cox, Chelsey, and Ella Lee. ‘Congress Fails to EXTEND Eviction Moratorium, despite LAST-MINUTE EFFORT.’ USA Today, Gannett Satellite Information Network, 31 July 2021, www.usatoday.com/story/news/politics/2021/07/30/congress-wont-extend-eviction-moratorium/5423140001/.

2. ‘Temporary Protection from Eviction.’ Centers for Disease Control and Prevention, Centers for Disease Control and Prevention, www.cdc.gov/coronavirus/2019-ncov/covid-eviction-declaration.html.

3. Clark, Dartunorro, and Rebecca Shabad. ‘Judge in Eviction Moratorium Challenge Indicates She’ll Move Quickly to Consider Case.’ NBCNews.com, NBCUniversal News Group, 5 Aug. 2021, www.nbcnews.com/politics/politics-news/landlord-groups-ask-federal-judge-halt-new-cdc-eviction-ban-n1275998.

4. ‘This gamesmanship comes at the expense of the nation’s property owners — who continue to suffer irreparable harm from the eviction moratorium every day this unlawful policy remains in effect,’ the filing said, asking the court to allow evictions to take place immediately.

5. The White House said the administration asked the Centers for Disease Control and Prevention on Sunday to ‘consider once again’ using executive action to extend the moratorium. But the CDC still believes it lacks the legal authority, even for a targeted moratorium affecting only areas where COVID-19 cases are increasing the most.

6. The House of Representatives on July 30^th failed to pass a bill that would have extended a freeze on evictions

House Speaker Nancy Pelosi, Majority Leader Steny Hoyer, and Whip James Clyburn released a joint statement on the failed bill, citing that they were ‘dubious that they will be able to persuade the Senate to go along with their proposals.’ Thus they are urging the White House to act on their own.

7. CDC Director Dr. Rochelle Walensky:

‘The emergence of the delta variant has led to a rapid acceleration of community transmission in the United States, putting more Americans at increased risk, especially if they are unvaccinated. This moratorium is the right thing to do to keep people in their homes and out of congregate settings where COVID-19 spreads. It is imperative that public health authorities act quickly to mitigate such an increase in evictions, which could increase the likelihood of new spikes in SARS-CoV-2 transmission. Such mass evictions and the attendant public health consequences would be very difficult to reverse.’

8. Tenants in at least 10 states and D.C. will still have some pandemic-related protections that run into August. They are California, Hawaii, Illinois, Maryland, Minnesota, New Jersey, New Mexico, New York, Oregon, and Washington. Some states and counties have their own eviction bans.

9. Rental assistance is available at the HUD.gov site by clicking on the link for ‘Rental Assistance.’

10. At treasury.gov, search for ‘Find rental help.’ On the page that pops up, look for the part with a drop-down menu to see what state-funded assistance programs are available

11. The National Low Income Housing Coalition has been responsible for the development of over 400 organizations for rental assistance.

UPDATE TO THE NEW YORK EVICTION MORATORIUM

On May 5^th, 2021, U.S. District Judge Dabney L. Friedrich of Columbia District rejected the moratorium imposed by the federal government. The ruling strongly asserted that the CDC had no jurisdiction to impose a nationwide moratorium under the Public Health Service Act and the court proceeded to strick down the federal eviction moratorium. However, this move does not impact New York’s latest extension until August 31^st.

The federal moratorium was originally imposed last year and extended via the Centre of Disease Control and Prevention by the U.S. Department of Health and Human Services. It was extended again until June 30^th by President Joe Biden.

WHAT IS THE NYC EXTENSION

On December 28^th, 2020, Governor Cuomo signed into law the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020. The Act was extended through August 31^st, 2021, and continues to provide relief to respondents and defendants in residential eviction proceedings and foreclosure actions in New York State.

Majorly, the legislation provides relief to individuals, allowing for individuals to avail themselves of the benefits by [A.] publishing a form ‘Hardship Declarations’ to be used by tenant-respondents in eviction matters and defendant-mortgagors in residential foreclosure actions in reporting financial hardship during or due to the COVID-19 pandemic and [B.] Staying residential eviction proceedings and residential real property mortgage foreclosure actions until at least August 31, 2021, in Proceedings and Actions where a tenant-respondent or defendant-mortgagor submits a completed Hardship Declaration.

For the mortgagor, the declaration of hardship would have to include that they are unable to pay my mortgage in full because of [A.] significant loss of household income during the COVID-19 pandemic, [B.] increase in necessary out-of-pocket expenses related to performing essential work or related to health impacts during the COVID-19 pandemic, [C.] childcare responsibilities or responsibilities to care for an elderly, disabled, or sick family member during the COVID-19 pandemic, which negatively affected their ability to obtain meaningful employment or earn income or increased necessary out-of-pocket expenses.

TIMELINE FOR AVAILING PROTECTION IN NEW YORK

New York State has instituted a moratorium on eviction proceedings in the last year. New York state law provides renters with protection from eviction only if they file a hardship form to the state.

This state law expires at the end of August. Even if renters who seek rental assistance do not hear back from the state before the legislation expires, they are protected from eviction nonetheless. Prior to August 31, 2021, no court can issue a default judgment authorizing an eviction in a residential eviction matter, or authorize the enforcement of eviction pursuant to a default judgment, without first holding a hearing upon motion of the petitioner. Furthermore, in any residential eviction proceeding in which a warrant of eviction has been issued but has not yet been executed as of December 28, 2020, the warrant will stay until the court has held a status conference with the parties.

HOW DOES THE EMERGENCY PROTECTION OF OUR SMALL BUSINESS ACT OF 2021 WORK

On 9^th March 2021, the CoVID-19 Emergency Protection of Our Small Business Act of 2021 was adopted by Governor Cuomo. The legislation provides that viable actions should come under covered commercial foreclosure actions, specifically for commercial eviction and commercial real property mortgage foreclosure actions if they are to qualify for the relief of evictions being suspended for at least sixty days if submitted within thirty days of March 9^th, 2021.

It is required to provide that the ‘Hardship Declaration’ form in the cases of Covered Commercial Eviction Procedures (CCC) and in covered commercial foreclosure actions. The requirement to Stay (or delay) of said required Commercial Eviction Proceedings and Covered Commercial Foreclosure Actions until the minimum date of August 31^st, 2021 comes when a Hardship Declaration is duly submitted to the landlord or mortgagee, or the Court.

Commercial foreclosure measures need to fall under ’Covered Commercial Foreclosure Actions,’ and are applicable to the mortgage holder of ten or fewer commercial units. It is immaterial whether the mortgage holder holds these units directly or indirectly. Further, a New York-based business that aims to avail themselves of the relief needs to be owned and controlled autonomously, not dominating in the field it operates in and must employ fifty or fewer people. Similarly, ‘Covered Commercial Eviction Proceedings’ are evictions involving a commercial tenant residing in the New York State, who is owned and operated independently, employs fifty or even fewer people, and is not ‘dominant in their industry.

The Act does not cover vacant and abandoned property that was first listed on the statewide vacant and abandoned property electronic registry before March 7, 2020.

AVAILABLE ASSISTANCE TO RENTERS AND LANDLORDS

The state created a two billion dollar reserve to assist low-income residents with up to twelve months of overdue rent and energy payments. New Yorkers who spend 30% or more of their yearly salary on rent qualify for additional rental assistance, which is typically given for three months. Individual tenants who earn 80% of local median income or less qualify as low-income renters.

The landlord does not collect late fees if a rent payment is received after the rent deadline. Furthermore, landlords may not raise the rent or evict tenants under most circumstances.

The state budget was approved on April 7^th, and the new fund was established within it. However, neither applications for renters nor landlords to fill out the new guidelines were set until June 1^st. Increases in rental assistance stalled because of documentation requirements that had been increased by the state. The state has issued its intention to review cases between four and six weeks after submitting an application. Furthermore, Home Energy Assistance Program applications may be submitted by New Yorkers seeking financial assistance paying their energy bill prior to August 31^st.

PROVISIONS OF THE ACT EXPLAINED

The extension of the COVID-19 Emergency Prevention Act and the CoVID-19 Emergency Protect Our Small Business Act of 2020 was signed by Governor Andrew M. Cuomo. The law extends the protection for residential and business evictions, foreclosure, credit discrimination, and COVID-19 negative credit coverage until 31^st August 2021. The law contributes to New York State’s attempts to safeguard renters and house owners of public meetings and companies from the economic difficulties caused by the COVID-19 pandemic in the pivotal juncture regarding the spread of the virus

The previously enacted legislation helps both residential and commercial tenants facing eviction and mortgagors facing foreclosure proceedings due to the pandemic, regarding [A.] Residential Evictions, [B.] Residential Foreclosure Proceedings, [C.] Commercial Evictions, [D.] Commercial Foreclosure Proceedings, [E.] Tax Lien Sales, [F.] Credit Discrimination and Negative Credit Reporting and [G.] Senior Citizens’ Homeowner Exemption and Disabled Homeowner Exemption.

The law puts a moratorium on residential evictions for renters who have suffered from COVID-related distress until 31 August 2021. In order to avoid evictions, tenants must file a hardship statement or paperwork detailing the cause of the difficulty. Landlords may expel renters who create safety or health concerns for other tenants or tenants who neglect to submit hardship declarations.

The law also lays down an embargo against residential foreclosure until 31^st August 2021. Homeowners and small property owners with ten homes (or fewer) may make a statement declaring hardship with the mortgage lender, another foreclosing party, or a court that precludes said foreclosure. These residential foreclosure proceedings have stayed for sixty days for implementation purposes; and further permits mortgagors who own ten or fewer residential dwellings – inclusive of their primary residence– who are suffering financial hardship to file a hardship declaration with their mortgage lender, other foreclosing parties, or the court that will prevent the filing of a foreclosure action or stay any foreclosure action in progress at the time of filing until May 1^st, 2021.

Expulsions for commercial tenants until 31^st August 2021 who have sustained a COVID-related hardship are also subject to the moratorium. The law applies to small enterprises with less than fifty workers who are currently experiencing financial difficulties. In order to avoid evictions, tenants must provide a hardship statement or a document stating the cause of the difficulty. The legislation places a moratorium on commercial foreclosure proceedings until August 31, 2021.

The legislation also prevents local governments from engaging in a tax lien sale or a tax foreclosure until at least August 31^st, 2021. Additionally, lending institutions are prohibited to discriminate against property owners seeking credit, since a delay in the mortgage foreclosures, tax foreclosures, or tax lien sales is authorized for the property owner. They are also forbidden from discriminating against individuals because the owner is in arrears and has filed a hardship declaration with the lender.

Local governments must apply Senior Citizens’ Homeowner Exemption and Disabled Homeowner Exemption from the 2020 assessment roll to the 2021 assessment roll at the same level. They also need to submit renewal applications for anybody qualified for a broader 2021 exemption. Locations may also establish processes by which appraisers may demand renovation applications from those who are considered by appraisers to be no longer qualified for an exemption in 2021. Exemption recipients do not require to submit renewal applications in person.

Governor Cuomo declared on 20^th March a State suspension on residential and market expulsions to guarantee that no renter was expelled in a high public health emergency. On 30^th June, the Governor approved the Tenant Safe Harbour Act and supplementary laws offering financial support for homeowners and property owners came into force immediately. Furthermore, prior Executive Orders have decried late rent penalties or fines, and renters who face financial difficulties may continue to utilize their security payment deposit and recoup their security deposit over time.

ISSUES WITH THE EXTENSION

For the state, the previous year’s tenant initiative struck a few snags. They ultimately handed the program over to the state’s Office of Temporary and Disability Assistance, which focused on providing funding to those who are temporarily and involuntarily unemployed. To qualify, renters who owe overdue rent should have their income being below 80% of the local median income.

Several technical issues cropped up soon after the June 1^st deadline passed. The rules to deliver aid stipulates that applications may only be completed during an internet session, which is a challenging requirement since many other papers, such as the renter’s personal identity, are needed, as well as evidence of income, residence, and occupancy. Landlords must provide W-9 information, including their tax information, lease, rent roll, and banking details.

Landlord and tenant activists argue that the uploading of papers has been aggravating because the process works one day and is less effective the next. Due to this early stage requirement, landlords were encumbered by having to set up email and different building accounts for each property they own. The master account restriction has thereinafter been lifted.

Landlords have complained that in certain cases, they never get a confirmation that an application has been filed to the Rent Stabilization Association, a building owners organization. A few landlords worry that a large number of application rejections would be due to technological issues. However, duplicate applications appear to be the primary reason for denials, since the technical difficulties will cause the process to not be completed in one sitting.

On July 31^st, the moratorium on most evictions under the Biden administration will expire, having been extended by a month by the administration. With just the CDC/CDC-imposed embargo in effect, millions of renters see the moratorium as the only prevention against eviction. Numerous tenants had fallen months behind on their rent during the coronavirus outbreak and lose their livelihoods.

The landlords’ lawsuit against the CDC order was successful, with their argument being landlord expenses to settle. The challenge also highlighted the prospect for renters to access the USD 45 billion in government funds that have been put aside to assist with rent and other relevant costs. Landlords in New York have incidentally brought about litigation related to eviction actions last summer. However, if they have lost income or their health would be worsened by relocating, renters are protected under the law depending on their submission of the Hardship Declaration. General practice is that if renters do not sign said Hardship Declaration, a landlord may proceed with the lawsuit as if no rules to the contrary were implemented.

Eviction protections under the extensions see the general staying of residential eviction proceedings for sixty days for implementation purposes but also specifically permits residential tenants enduring a financial or health-related hardship to file a hardship declaration, under penalty of perjury, with their landlord or a court that will prevent the filing of any eviction nor stay any eviction proceeding in progress at the time of filing until May 1^st, 2021. However, the protections are not universal and further allow landlords to evict objectionable tenants and tenants who do not submit a declaration of hardship.

FOR ASSISTANCE SERVING LEGAL PAPERS

Sources

1. ALABAMA ASSOCIATION OF REALTORS et al v. the UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES et al, No. 1:2020cv03377 – Document 54 (D.D.C. 2021)

2. As part of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Pub. L. No. 116-136, 134 Stat. 281 (2020), Congress enacted a 120-day eviction moratorium that applied to rental properties receiving federal assistance, id. § 4024(b). After that moratorium expired, the U.S. Department of Health and Human Services (HHS), through the Centers for Disease Control and Prevention (CDC), issued an order implementing a broader eviction moratorium that applied to all rental properties nationwide, 85 Fed. Reg. 55,292 (Sept. 4, 2020), which prompted this suit. Since then, Congress has granted a 30-day extension of the CDC Order, and the CDC has extended the order twice itself. The current order is set to expire on June 30, 2021.

3. The Department of Justice intends to appeal and requested the court to retain the decision until the appeal procedure has expired. Speaker Jen Psaki, of the White House, said the administration of Biden is evaluating the decision.

4. L. 2020, c. 381; ‘Act

5. L. 2021, c. 104

6. 2021 (L. 2021, c. 73; ‘Act’)

7. ‘DSS COVID-19 Frequently Asked Questions.’ Cash Assistance – HRA, www1.nyc.gov/site/hra/help/dss-covid19-faqs.page.

8. ‘As we approach the light at the end of the COVID-19 tunnel, it is critical that we continue to protect both New York’s tenants and business owners who have suffered tremendous hardship throughout this entire pandemic,’ Governor Cuomo said. ’Extending this legislation will help to ensure that vulnerable New Yorkers and business owners who are facing eviction through no fault of their own are able to keep their homes and businesses as we continue on the road to recovery and begin to build back our economy better than it was before.’

9. S.6362-A/A.7175-A

10. Payments due to the locality would still be due.

11. Contact the Governor’s Press Office

phone:

Albany: (518) 474-8418

New York City: (212) 681-4640

email:

Press.Office@exec.ny.gov

12. Dikanovic, Allison, and Josefa Velasquez. ‘Cuomo Rent Relief Expansion Still Strands Many in Need of Aid.’ THE CITY, THE CITY, 23 Dec. 2020, www.thecity.nyc/2020/12/22/22196601/new-york-rent-relief-expansion-still-strands-many.

13. Gutierrez, Melissa, and Christy W. Hancock. ‘Landlords Again Successfully Challenge the CDC’s Authority to Ban Residential Evictions.’ Lexology, 19 Apr. 2021, www.lexology.com/library/detail.aspx?g=b156edef-378c-421f-9b8b-e19784c195fd.

EXCEPTIONS TO THE EVICTION MORATORIUM

Virtually all eviction proceedings were suspended for sixty days after the state legislature enacted the Emergency Eviction Act at the end of last year. On Friday, February 26th, the delay came to an end. This means that unless a tenant submits a hardship declaration form to either the court or the landlord, currently underway eviction cases will resume, and new cases can be filed.

This indicates that any tenants facing eviction who may not have filed a hardship declaration could face legal action, as well as landlords being entitled to file new cases against tenants who have omitted to file a declaration. Consequently, only tenants who complete the hardship declaration form will have their moratorium extended until May 1^st.

Just about all tenants have been safeguarded from eviction since the end of December, seeing as cases have been paused. However, until February 26^th, the moratorium security would only extend to tenants who have submitted a hardship declaration. The form itself is permitted to be filled out by May 1^st to pause the case. This form may also be presented to the marshal in charge of the eviction itself. Qualifiers to avail said the pause would need the individual to have experienced some financial hardship because of the pandemic or to prove that moving would pose a health risk.

ABOUT THE COVID-19 EMERGENCY EVICTION AND FORECLOSURE PREVENTION ACT

On December 28^th, Gov. Andrew Cuomo signed the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (the ‘Act’) into law. The legislation seeks to protect New York State citizens adversely affected by the COVID-19 pandemic.

It was set into motion to prevent tenants’ evictions if they had lost income or accrued additional and increased expenses during the COVID-19 pandemic or if moving from their home would pose a hardship during the pandemic.

If the tenant signed and delivered the Hardship Declaration, they cannot be evicted from their primary residence under a pending case, and the landlord may not file a new case to evict them from their primary residence until at least May 1^st, 2021. However, it must also be remembered that a landlord can still evict if [A.] the expiring lease itself is not renewed; [B.] the backlog for rent stretches before March of 2020 and six months’ rent or more was due on or after March 1^st, 2020; [C.] The landlord wants to move into the tenant dwelling as their primary residence or if the tenant did some act that was a serious nuisance or violated their lease in a manner apart from falling behind in rent.

The COVID-19 Emergency Eviction and Foreclosure Prevention Act expires on May 1^st, 2021, but key protections under the New York State Tenant Safe Harbour Act may continue even after that date. Eviction cases pending as of December 28^th in New York City Housing Court were thus suspended until February 26^th, 2021. Eviction cases commenced from December 29^th, 2020 through January 27^th, 2021 had also been suspended for at least sixty days.

EXCEPTIONS TO THE EMERGENCY EVICTION AND FORECLOSURE PREVENTION ACT

The legislation requires that landlords attach a blank copy of the hardship declaration form when they demand rent or file a petition for eviction. If a said copy of the form is not provided, it is necessary to record all the documents received. Thus, the moratorium also reinforces the burden of proof on the landlord: the courts assume that tenants are telling the truth on the declaration form and enforce said form on the tenant under ‘penalty of law,’ inviting legal consequences for misrepresentation. This renders the burden on the landlord to show the court that a tenant does not qualify rather than it being on the tenant to prove in court that they qualify for protection,

The definition of hardship in this document also spans a wider criterion than federal moratoria. The eligibility criteria go beyond lost income and account for challenges like added childcare expenses.

The new law also puts residential foreclosure proceedings on hold. It prevents new ones from being filed until February 26^th, with the potential to put them off until May 1^st if the owner fills out a hardship declaration form. The measure covers both mortgage and tax foreclosures and tax lien sales for past tax debt. The only exception is for vacant or abandoned property. The protection for homeowners encompasses a wide variety of hardships, including if a tenant has lost income and can’t pay rent.

Per custom, the major exception for eviction cases stems from the tenant causing a nuisance if said tenant engages in behavior infringing on other tenants’ use or enjoyment or creating a safety hazard. This means if a tenant is engaging in violence or illegal activity like drug dealing, they are always doing so under the continuing threat of eviction. Other behaviors traditionally considered a nuisance, like making illegal alterations to an apartment, don’t apply.

WHERE DOES THE CDC MORATORIUM FACTOR IN

The Centres for Disease Control and Prevention (CDC) released a directive barring landlords from evicting such tenants worldwide. The eviction moratorium was scheduled to expire on December 31^st, 2020, but the CDC agreed to prolong it until March 31^st, 2021. Tenants who fulfill the order’s conditions are liable for eviction defense. Qualified renters do not immediately gain immunity from the ban; instead, they are required to sign a declaration of eligibility for the ban and provide it to their landlord.

After the CDC’s eviction ban took effect on September 4^th, 2020, property owners and tenants have been perplexed by the order’s specifics and the necessary tenant declaration. Judges also misinterpreted the CDC’s order in some of the worst situations, culminating in the unjust removal of tenants liable for security. Consequently, the CDC and other federal agencies released a guidance document on October 9^th, 2020, which addressed several of the ban’s most common queries. Although the manual clarifies certain Order elements, it also poses many concerns and avoids more specifics on how the Order would be applied to specific states and courts.

The CDC’s order requires tenants to sign the declaration under penalty of perjury. Consequently, notarization is not always necessary since the declaration meets the criterion under penalty of perjury.

A further aspect of the CDC order is that tenants do not have to provide their landlords with any documentation or proof when they deliver the signed declaration. However, if court action is put forth, proof will likely be necessitated, especially if the court has to rule whether the declaration holds. While a tenant does not need to file for unemployment to qualify for protection, the eviction order applies to anyone who expects to earn as an individual no more than USD 99,000 in annual income for the calendar year 2021. If tenants are filing a joint income tax return, the ban applies to those who expect to earn no more than USD198,000 in annual income for 2021. This means that people who are still employed can take advantage of the ban, so long as their income does not exceed these limits.

Another requirement is that protection would have needed tenants to have ‘used best efforts to obtain all available government assistance for rent or housing.’ This means that the tenant is required to have exhausted viable means of financial assistance from government sources to avail of this benefit. However, private sources like non-profits are not required. ‘Available government assistance’ means any governmental rental or housing payment benefits available to the individual or any household member. This best efforts requirement has evolved as a point of contention between landlords and tenants, especially when it provides that tenants must explore benefits available to the individual and any household member.

REQUIREMENTS FOR CDC PROTECTION TO TAKE EFFECT

Tenants must assert within their declaration that they are undertaking their best efforts to make prompt payment arrangements that are as similar to the maximum payment as the individual’s circumstances can warrant, taking into consideration other nondiscretionary expenditures. It must be noted that the CDC’s order does not differentiate between written and oral leases (oral leases are valid and enforceable for up to one year in most states). In fact, the order explicitly refers to ‘residents’ as well as tenants.

The concept of ‘best efforts’ assumes that individual circumstances are causing paying rent impossible for the tenant. The tenant must make partial rent payments if their conditions afford it without jeopardizing their ability to provide for other needs, including food, medication, and job transportation. Hardship would mean that eviction would likely render the individual homeless—or force the individual to move into and live in close quarters in a new congregate or shared living setting—because the individual has no other available housing options.

The landlord is also entitled to the entire rent after the moratorium expires. When the eviction moratorium expires (March 31^st, 2021), the landlord would be free to evict the tenant and prosecute them for the maximum sum owing, even though they have been paying partial payments.

Landlords who violate the order might also be subject to fines and jail time. The CDC’s order states that landlords, owners of residential properties, or other people with a legal right to pursue an eviction (such as a corporation) ‘shall not evict any covered person from any residential property in any jurisdiction to which this Order applies during the effective period of the Order.’ The order defines an ‘eviction’ as ‘any action by a landlord, owner of a residential property, or another person with a legal right to pursue eviction or a possessory action, to remove or cause the removal of a covered person from a residential property.’ The order leaves the determination of whether a landlord has violated the order to the courts.

The CDC’s order states that landlords can still evict tenants if they [A.] engage in criminal activity while on the premises; [B.] threaten the health and safety of other residents or pose an immediate and significant risk of property damage; [C.] violate any applicable building code, health ordinance, or similar regulation relating to health and safety, and [D.] violate any other contractual obligation besides non-payment of rent or similar housing-related payment, including non-payment or late payment of fees, penalties, or interest.

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Sources

1. The Centres for Disease Control and Prevention moratorium that was originally scheduled to expire on Jan. 31

2. The New York State Legislature passed a bill signed by Governor Andrew Cuomo, which puts into effect two eviction moratoriums. The first puts a stay on any eviction proceedings commenced on or before March 7th, 2020, for 60 days, while the second stays all eviction matters commenced between December 28th, 2020, and January 27th, 2021, for 60 days from filing. The legislation also prevents courts from issuing default judgments authorizing eviction without first holding a hearing.

Also, the bill protects some small landlords from foreclosure and provides relief in the form of tax exemptions to older homeowners or those with disabilities.

3. 28 U.S. Code § 1746 – Unsworn declarations under penalty of perjury

Wherever, under any law of the United States or any rule, regulation, order, or requirement made under the law, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn declaration, verification, certificate, statement, oath, or affidavit, in writing of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than a notary public), such matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn declaration, certificate, verification, or statement, in writing of such person which is subscribed by him, as true under penalty of perjury, and dated, in substantially the following form:

(1) If executed without the United States: ‘I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date).(Signature)’.

(2) If executed within the United States, its territories, possessions, or commonwealths: ‘I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date).(Signature)’.

4. However, this does not mean that the Declaration works in a blanket manner. The CDC’s agency order states: ‘Each adult listed on the lease, rental agreement, or housing contract should likewise complete and provide a declaration.’ (Federal Register Vol. 85, No. 173, p. 55292.).

5. Indicated by describing the order ‘that tenants, lessees, or residents of residential properties who are covered … may use.’

6. Said rent is inclusive of any late payments or costs the individual agreed to under the contract or leasing agreement

7. Individual landlords who violate the order could be subject to:

a fine of no more than $100,000 if the violation does not result in death (or no more than $250,000 if the violation results in death),
one year in jail, or both.

An organization (such as a corporation, LLC, or real estate investment trust, or REIT) that violates the order could be subject to:

a fine of no more than $200,000 per event if the violation does not result in death, or
$500,000 per event if the violation results in death.

8. Federal Register Vol. 85, No. 173, p. 55294.

9. The CDC specifically notes that tenants who have COVID-19 and take reasonable precautions not to spread the disease do not pose a health or safety risk to other tenants

COVID-19 EMERGENCY EVICTION AND FORECLOSURE PREVENTION ACT OF 2020

The New York State Legislature has adopted legislation that extends the moratorium on residential evictions to more than one year from the initial Executive Order 202.8 in March of 2020, through May 1, 2021. Governor Andrew M. Cuomo signed the new COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 in furtherance of the same, wherein residential evictions, foreclosure proceedings, credit discrimination, and negative credit reporting related to the COVID-19 pandemic are curtailed. An additional feature of the Act sees the extension of the Senior Citizens’ Homeowner Exemption and Disabled Homeowner Exemption from 2020x to 2021, creating an all-around effect of protection for tenants and homeowners from the economic hardship incurred as a result of the COVID-19 pandemic.

HOW DOES THE LEGISLATION WORK

The legislation also includes a two-month moratorium on pending evictions. This will then permit residential tenants who cannot pay their rent or secure alternative housing and who are suffering financial hardship or a health-related hardship to file a hardship declaration at any time. The hardship declaration would have to be filed under penalty of law with the landlord, court, or enforcement officer. It would prevent the filing, proceedings on, and execution of any eviction warrant until May 1, 2021.

The bill language includes a hardship declaration form for landlords to use. This would require that a notice of rights and related information and the hardship declaration form (in size 14 point) be included with any rent demand or notice of petition served on a tenant. The hardship declaration must be provided in the tenant’s primary language. If such a translation is unavailable on the Office of Court Administration’s (OCA) website, it is the landlord’s responsibility to obtain a translation.

However, there is no confirmed provision for examining said hardship form before a court or even against the landlord themselves. The Act also attempts to defend certain property owners from credit discrimination through a hardship declaration form. This is applicable if the owner has fallen behind on mortgage payments, or has received a stay of mortgage or tax foreclosure, or tax lien sale. This protection would apply only to owner-occupied primary residences with fewer than ten rental units.

BACKGROUND LEGISLATION

On 28 September, Governor Cuomo declared that the State Tenant Safe Harbour Act would be prolonged and maintained until 1 January 2021 to shelter existing residents against displacement throughout the incumbent state of economic distress during the COVID-19 public health crisis. The Executive Order expands the Tenant Safe Harbour Act’s security to warrants for eviction that occurred before the pandemic outbreak and to others that are awaiting evictions other than non-payment but who endure the very same burden.

On 20^th March, Governor Cuomo initially declared a State moratorium on residential and commercial expulsions to guarantee that no tenants get evicted at the public health emergency height. On 30^th June, the Governor signed the Tenant Safe Harbour Act, which had become active immediately, along with supplementing legislation offering financial support to landlords and tenants. In conjunction, prior Executive Orders have excluded fines or penalties for delayed payment of rents. Renters facing economic difficulties may still use their security deposit as payment and recover the same over time.

“When the COVID-19 pandemic began, we asked New Yorkers to protect each other by staying at home. As we fight our way through the marathon this pandemic has become, we need to make sure New Yorkers still have homes to provide that protection,” Governor Cuomo said. “This law adds to previous executive orders by protecting the needy and vulnerable who, through no fault of their own, face eviction during a challenging period for New York. The more support we provide for tenants, mortgagors, and seniors, the easier it will be to get back on their feet when the pandemic ends. I want to thank the legislature for passing this important protection for New Yorkers all across the state who need a hand. This is the kind of support that helps us stay New York Tough.”

FEATURES OF THE ACT

EFFECT ON RESIDENTIAL EVICTIONS

The Act allows for a moratorium on residential evictions until 1 May 2021 for residents who have undergone COVID-related difficulties. Tenants must request a statement of hardship or a record describing the cause of hardship to avoid expulsions. Landlords can evict tenants who generate safety or health hazards for other tenants and tenants who do not make statements of hardship.

All residential eviction litigation ongoing on 28 December 2020, which include eviction proceedings instituted on or before 7 March 2020, as well as any residential eviction proceedings initiated on or before 27 January 2021, are to be suspended for a duration of sixty days. Notwithstanding the above, an ongoing or freshly instituted action in which the plaintiff has claimed that the tenant is habitually and unjustifiably engaged in conduct that seriously infringes the use and comfort of other tenants or residents, or poses a significant safety threat to others, may continue to be heard in conjunction with the Act. The requirement of adequate affidavits in the freshly commenced proceedings means that no court would likely grant any petition or other notice of commencement in the case of eviction unless those records contain affidavits as provided by section 5 of Part A of the Act.

INITIATION AND STATUS OF FORECLOSURE PROCEEDINGS

The Act also places a moratorium on residential foreclosure proceedings until May 1, 2021. Homeowners and small landlords who own 10 or fewer residential dwellings can file hardship declarations with their mortgage lender, another foreclosing party, or a court that would prevent foreclosure.

Any proceeding for foreclosure of a mortgage that concerns residential real property pending on December 28, 2020, and any action proceeding commenced on or before January 27, 2021, is stayed for sixty days. No court shall accept filing commencement papers in an eviction proceeding unless those papers include affidavits as required.

EFFECT ON EXISTING LIEN

The Act prevents local governments from engaging in a tax lien sale or a tax foreclosure until May 1, 2021. Furthermore, at least thirty days before the date on which a sale of a tax lien is scheduled to occur, or upon the filing of a petition of foreclosure of a tax lien, the enforcing officer or other person or entity conducting such tax lien sale or tax foreclosure is required to notify the owner of the affected property of such owner’s rights. Payments due to the locality are still due.

This act applies to any action to foreclosure on delinquent taxes or sell a tax lien relating to residential real property. This can be held as long as the owner or mortgager is a natural person and owns ten or fewer dwelling units. These units do not have to be in one property or building; however, the owner’s primary residence requesting relief must be included, and the remaining units must be occupied by a tenant or occupied for rent.

To clarify, real property includes shares in a residential cooperative but cannot comprise vacant and abandoned property.

CREDIT DISCRIMINATION PROVISIONS UNDER THE ACT

Lenders are forbidden from discrimination against the property owner receiving credit unless the owner of the property has been issued a stay of the mortgage foreclosure litigation, a tax foreclosure procedure, or a tax lien on purchases. They are still forbidden from discrimination against the extension of credit if the owner is in arrears and has lodged a statement of hardship with the lender, which will not be negatively reported to any credit reporting agency as per the Act.

BARON ISSUANCE OR ENFORCEMENT OF DEFAULT JUDGMENTS

Before May 1, 2021, no court is authorized to issue a default judgment regarding eviction in a residential eviction matter without first holding a hearing upon the petitioner’s motion. In any residential eviction proceeding in which a warrant of eviction has been issued but has not yet been executed, execution of the warrant will also stay until the court has held a status conference with the parties.

If the court has awarded a judgment against a respondent on or before December 28, 2020, based on objectionable behavior, the court is authorized to hold a hearing to determine whether the tenant is continuing to persist in engaging in unreasonable behavior that substantially infringes on the use and enjoyment of other tenants or occupants or causes substantial safety hazard to others.

For foreclosure proceedings, an action of stay is enacted in any circumstances wherein the judgment of sale has not been issued, and the adequate declarations of hardship are submitted to the foreclosing party or a court. This stay is valid until May 1, 2021. If the sale judgment has been issued but not executed by December 28^th, then execution stays until a status conference is conducted with the parties. If the hardship declaration is filed, then the Action stays until May 1^st.

EXEMPTION FOR SENIOR CITIZENS AND DISABLED HOMEOWNERS

The Act directs local governments to carry over SCHE and DHE exemptions from the 2020 assessment roll to the 2021 assessment roll at the same levels. This means that the to provide renewal applications for the same must be provided by localities to individuals who qualify for larger exemptions in 2021. This may be enacted via electronic or postal mail.

However, autonomy is provided to localities to specify procedures wherein local assessors may require renewal applications from recipients they believe may no longer be eligible for the exemption in 2021. In furtherance of COVID-19 safety requirements, recipients are not required to show up in person to file their renewal if a renewal is required under any named circumstances.

COVID-19 poses a historical hazard to public health. Citizens face displacement or foreclosure attributable to the mandatory disease control measures that have shut businesses and schools and induced widespread unemployment around the state. The contagion has also affected court procedures, the accessibility of counsel, plaintiffs’ ability to compensate for representation, and the ability to move freely to courts of law, settlement sessions, and other such institutions. Stabilizing the housing crisis for residents, landlords, and homeowners is imperative for all New Yorkers’ collective good and would help the state tackle the pandemic, safeguard public safety, and lay the groundwork for reconstruction. Therefore, the purpose of these laws is to prevent as many evictions and foreclosures as possible for people who have endured financial distress throughout COVID-19 or who are unable to travel due to the enhanced danger of serious illness or death from COVID-19.

The law, which had been rapidly signed by Gov. Andrew Cuomo, has been proclaimed as “the strongest [legislation] in the nation to block eviction proceedings.” While, in concept, the goal is to shield tenants from eviction and owners from foreclosure and tax-related transactions, one will also recognize that the unintentional result of the extension of these provisions may have a disparate negative impact on small residential landlords. It should be remembered that the act does not exempt the rental property itself from eviction or tax lien sales if it is not the primary home of the landlord.

Despite the legislation, rent, taxes, and mortgage payments are not canceled despite the legislation, rent, taxes, and mortgage payments. This can render the possibility that the backlog of accrued liabilities can be insurmountable when payable, perhaps leading to bankruptcy. Furthermore, the small landlord remains vulnerable, especially because they are susceptible to enforcement against the real property.

for assistance serving legal papers

Sources

1. Governor Cuomo COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (L.2020, c. 381; Act)

2. Governor Cuomo Announces Moratorium on COVID-Related Residential Evictions Will Be Extended Until January 1, 2021, https://www.governor.ny.gov/news/governor-cuomo-announces-moratorium-covid-related-residential-evictions-will-be-extended-until (last visited Jan 8, 2021)

3. Governor Cuomo Signs the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 Governor Andrew M. Cuomo, https://www.governor.ny.gov/news/governor-cuomo-signs-covid-19-emergency-eviction-and-foreclosure-prevention-act-2020 (last visited Jan 8, 2021)

4. Answering Petitions New York City Civil Court, (http://www.nycourts.gov/courts/nyc/civil/corona/evictions.shtml (last visited Jan 9, 2021)

5. Act, Part A, §2

6. Act, Part A, §§9, 9[5]

7. Act, Part B, Subpart A §§1, 3

8. This is also relevant to authorize the enforcement of eviction under a default judgment

9. Act, Part A, §7

10. As of December 28, 2020

11. Act, Part A, §8[a][i]

12. Act, Part A, §9[2]

13. Act, Part B, Subpart A §§2, 7

14. Act, Part B, Subpart A §8

15. Senior Citizens’ Homeowners Exemption

16. Disabled Homeowner’s Exemption

How New York’s Tenant Protection Act Changes Landlord Duties

New York’s “Housing Stability and Tenant Protection Act” has significantly reshaped landlord-tenant laws, sparking a lively debate within the real estate community. This landmark legislation introduces sweeping changes, enhancing tenant protections and altering landlords’ obligations. Please click here to watch the video on eviction.

Crucial Updates in Landlord-Tenant Dynamics

Mandatory Rent Receipts and Late Payment Alerts: Landlords must now proactively issue rent receipts for every payment and alert tenants in writing if their rent payment is over five days late. This shift aims to streamline rent tracking and ensure tenants receive timely notifications. Click Here for Frequently Asked Questions About Process Servers!

Revamped Eviction Notices: The law has extended the notice period for evictions to 14 days from the previous three, offering tenants additional time to respond to eviction proceedings.

Capped Application and Late Fees: The act caps application fees at USD 20 or the actual cost of background checks, whichever is lower. It also limits late fees to USD 50, preventing landlords from imposing excessive penalties for late rent payments.

Landlords’ Duty to Mitigate: In a groundbreaking move, landlords must now attempt to re-let units vacated before lease expiration, actively seeking new tenants to minimize financial losses for departing tenants.

Security Deposit Restrictions: The act caps security deposits at one month’s rent and mandates landlords return these deposits with a detailed deductions statement within 14 days after the tenant leaves the property.

Court Procedure Changes Ensuring Fair Play

The law extends the adjournment period for eviction cases to 60 days, granting tenants more time to arrange their defense or secure legal representation. Click here for information on How Rush Process Service Can Expedite Your Case.

Adjustments in Legal Fees and Rent Regulation

In a notable shift, landlords can no longer claim attorney fees in eviction proceedings, leveling the playing field. Conversely, tenants can claim legal fees in rent overcharge disputes, reinforcing the act’s commitment to equitable treatment.

Rent Control Reforms for Enhanced Tenant Security

The act introduces stringent rent increase caps and extends the period for rent overcharge claims to six years, safeguarding tenants from unjust overcharges. It also abolishes previous deregulation measures, ensuring continuous rent regulation and eliminating income-based discrimination.

In summary, the “Housing Stability and Tenant Protection Act” significantly amends New York’s real estate laws, prioritizing tenant protections while introducing new requirements for landlords. As these changes unfold, their long-term effects on the real estate landscape remain a focal point of discussion.

OFFICE LOCATIONS

New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022
Brooklyn: (347) 983-5436 – 300 Cadman Plaza West, 12th Floor, Brooklyn, New York 11201
Queens: (646) 357-3005 – 118-35 Queens Blvd, Suite 400, Forest Hills, New York 11375
Long Island: (516) 208-4577 – 626 RXR Plaza, 6th Floor, Uniondale, New York 11556
Westchester: (914) 414-0877 – 50 Main Street, 10th Floor, White Plains, New York 10606
Connecticut: (203) 489-2940 – 500 West Putnam Avenue, Suite 400, Greenwich, Connecticut 06830
New Jersey: (201) 630-0114 – 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 – 2200 Pennsylvania Avenue, 4 Fl East, Washington DC 20037

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How Rent Regulation Works in New York City

Introduction to Rent Regulation in NYC

This article will provide guidance on how rent regulation works in New York City. New York City’s rent regulation system protects tenants from sudden rent increases while ensuring landlords can earn a reasonable income. This system includes rent control, stabilization, and unregulated housing, each with its rules and protections. Click here to watch our introduction video.

Decoding Rent Control

Essentials of Rent Control

Rent control applies to buildings constructed before 1947, safeguarding long-term tenants from excessive rent hikes. This section explains how rent control works, including conditions under which apartments transition to rent stabilization or become deregulated. Click Here for Frequently Asked Questions About Process Servers!

Understanding Rent Stabilization

The Basics of Rent Stabilization

More common than rent control, rent stabilization covers buildings with six or more units built before 1974. Discover how the NYC Rent Guidelines Board influences rent increases and the protections offered to tenants under this program.

Exploring Unregulated Housing

Market-Rate Housing Insights

Apartments outside the rent control and stabilization frameworks are ‘unregulated,’ allowing landlords to set rents freely. Learn about the dynamics of market-rate housing, including when and how landlords can adjust rents. Click here for information on How Rush Process Service Can Expedite Your Case.

Public Housing in the Mix

NYCHA’s Role in Affordable Housing

The New York City Housing Authority (NYCHA) provides essential housing for low to moderate-income families. This segment covers NYCHA’s efforts in building and managing public housing, including support services offered to residents.

Streamlining Rent Regulation Understanding

Understanding rent regulation in New York City is crucial for both tenants and landlords. By grasping the differences between rent control, rent stabilization, and unregulated housing, and recognizing the importance of public housing, stakeholders can navigate the system more effectively, promoting fair and affordable housing across the city.

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Pick up the phone and call Toll Free (800) 774-6922, or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your New York City process service needs; no job is too small or too large! For a complete list of our New York City Process Service Coverage Areas, Click Here!

Contact us for more information about our process-serving agency. We are ready to provide New York City service of process to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington, D.C.

“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives”– Foster, William A

HOW TO BREAK A LEASE IN NEW YORK

This article will provide guidance on how to break a lease in New York. COVID-19’s impact on New York has significantly strained the landlord-tenant dynamic, with many tenants struggling to pay rent and landlords facing financial difficulties due to lost rental income. This situation has prompted tenants to consider leaving their leased properties to cut costs, raising the question: What happens if you walk away from a lease? Click here to watch our evictionservice.

Lease Basics: More Than Just a Document

A lease outlines the terms under which you agree to rent a property, typically binding you for at least one year, even if you pay monthly. It’s a legally binding agreement governed by state laws, including provisions on security deposits and adherence to anti-discrimination laws. In New York, for instance, deposits cannot exceed one month’s rent. Click Here for Frequently Asked Questions About Process Servers!

The Real Cost of Breaking a Lease

Leaving a lease early without following legal protocols can lead to significant consequences. Landlords, protected under property laws, may pursue compensation for the unpaid rent remaining under the lease terms. To break a lease in New York may sometimes involve a negotiated fee with the landlord; such arrangements are not standard and require explicit negotiation. Click here for information on How Rush Process Service Can Expedite Your Case.

Tenant’s Rights and Responsibilities

Both landlords and tenants have legal obligations under a lease. Tenants must adhere to the agreed terms, and landlords cannot alter these terms, including raising the rent, during the lease period without specific provisions in the lease allowing for such changes. Failure to meet these obligations can lead to eviction for unpaid rent or other lease violations, though landlords must provide proper notice. Click here for information on How Process Servers Protect Your Rights: Myths Debunked

Legal Exceptions To Break A Lease in New York

Certain situations legally allow tenants to terminate a lease early without penalty, including:

Domestic Violence: Victims can terminate their lease early with proper notice and documentation.
Senior Citizens: Tenants aged 62 or older moving to a retirement home may qualify for early lease termination.
Active Military Duty: Federal law allows lease termination for those entering active military service.
Unsafe Rental Units: If a unit is uninhabitable and the landlord fails to address significant issues, tenants may have the right to move out without penalty.

Navigating Lease Termination with Your Landlord

The key to resolving lease termination issues lies in communication. Whether you’re facing financial hardship due to COVID-19 or another qualifying exception, discussing your situation with your landlord can lead to mutually beneficial solutions. Properly navigating the termination process, including subletting with the landlord’s approval, helps maintain a positive rental history. Click here for information on How To Identify A Good Process Service Agency

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FOR ASSISTANCE SERVING EVICTION PAPERS

Pick up the phone and call Toll-Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to help you out. We can handle all your process service needs; For information on, What is a Process Server, Click Here!

Please feel free to contact us for more information about our process-serving agency. We are ready to provide service of process to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington, D.C.