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Finally! Rent relief may be in sight!

Posted by Jordan Tapia | Apr 12, 2021 | 0 Comments

The New York State Legislature has largely finalized the budget, which proposes to establish a COVID-19 rental assistance program and would allocate approximately $2.4 billion in federal funds for the program. The best part of the program is that it would allow the application to be initiated and tracked by a property owner or manager. Eligibility for the program requires the tenant 1) to be a primary resident in New York State, 2) have experienced a "financial hardship", 3) demonstrate a risk of housing instability (broadly defined by the federal appropriation language), 4) have a household income at or below 80% of the area median income (AMI) for the household size. Income is to be measured by either the 2020 calendar year or the household's monthly income at the time of the application.   The program also proposes to broaden eviction protections for tenants while an application for rent relief is pending, specifically placing a stay on nonpayment proceedings seeking arrears and virtually any holdover proceeding until a determination of eligibility is made. The money is not without condition, however. If the landlord accepts the money, they would not be able to evict the tenant for 12 months because of an "expired lease holdover tenancy", and they would also have to waive late fees. The language of the bill indicates that an owner who decides not to accept the funds because of the conditions attached would waive their ability to collect such amount in a future proceeding or use the arrears as the basis for an eviction proceeding. 

About the Author

Jordan Tapia

Phone: (212) 566-6780 Email: [email protected] Jordan Tapia, a partner at our law firm, is known as a fierce litigator. She has successfully represented various small businesses facing eviction and has helped many come to an amicable resolution with their landlord, often avoiding litigati...

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