Recent Changes to NY State’s Rent Laws
By Jamie Heiberger Harrison
As of Monday December 28th 2020, the Covid-19 Emergency Eviction and Foreclosure Prevention Act has been signed into law. The immediate effect of this new law is that all pending housing court cases will effectively be stayed for sixty days. We have already been receiving emails from courts notifying us that cases on the calendar in early January will be adjourned at least 60 days and until further Court notification.
As a result of the new law, there are new additional procedures which include the requirement that each tenant be provided with a copy of a “hardship declaration” when served with a rent demand, any notices, and upon case commencement by service of a Petition. In addition, if a Tenant signs and submits a hardship declaration, no action may be taken against the Tenant prior to May 1, 2021, and a list of legal service providers must be provided to the Tenant.
While the provider list from the courts is not out yet, we are providing a copy of a list as seen on our Blog linked here at Rental Resources — SDKHLaw. The Courts will be sending a copy of the required declaration form with explanations to tenants who are named in cases that are already pending in Housing Court. Notably, no proof is required to be submitted in order to support or substantiate a declaration of hardship. The Courts have not yet provided specific guidance as to the implementation of these new mandates. We do anticipate that the Court Administration will soon issue Administrative Orders and guidance.
We are currently in the process of adapting our own systems in order to be ready and able to fully comply with the new law without unnecessary delays. We will be ready to serve rent demands, petitions, the hardship declaration form and any other documents that are or may become required under the soon to be announced Court Administrative Order(s) and new directive(s). We anticipate that the hardship declaration form required by the Courts will be look something like the attached provided again for your reference. As the Court Administration provides forms, guidance and updates with respect to procedures to follow in order to be in full compliance with the new law or its application to all new or pending cases as the sixty day window expires, we will be prepared to meet all requirements.
Please know that we are ready to adapt as these difficult times continue to present new challenges and we will do our best to keep you informed of any further changes as well as any further avenues or opportunities to refer your tenants to assistance that may also become available.
As promised we are hosting through Jamie’s Real Estate School RE Credits LLC a Zoom on 1/5/21 at 2pm entitled “Key Points of Recent Changes to NY State’s Rent Laws” 1 Credit/hr - Code M14865
If you are a Broker you may earn 1 credit satisfying the New law Requirement. If you are an owner, renter or just interested in understanding the current rent laws and policies governing evictions when you register just use 123456 as your license number.
Please register in advance for this webinar:
https://sdkhlaw.zoom.us/webinar/register/WN_JyTiMG7CTxyvAWesmHbFXg
After registering, you will receive a confirmation email containing information about joining the webinar.
Have a Safe and Healthy New Year.
