A Bit of Good News: Relief For Owners & Tenants of Low Income Housing

The New York Office of Temporary and Disability Assistance (OTDA) announced on March 16, 2021, that, effective until at least May 1, it will eliminate the pending lawsuit requirement in the city-administered Family Homelessness and Eviction Prevention Supplement program (FHEPS).

OTDA agreed to amend the FHEPS rent supplement plan so as to waive the lawsuit requirement until at least May 1, 2021, or until such time as the eviction moratorium is no longer in effect. Previously, families could apply to receive up to $9,000 to cover their rent arrears through FHEPS, but only if their landlord had sued them for eviction. This requirement created an impediment for families who fell behind on rent during pandemic, because of anti-eviction orders had blocked or discouraged landlords from filing eviction cases over unpaid rent.

This means that Tenants can become eligible for FHEPS without being party to an eviction proceeding. It was previously impossible to get FHEPS unless an eviction proceeding was pending. Many are advocating for this change to become permanent.

We would encourage you to make this information available to tenants that may qualify and contact your local city Council to press forward to make this a lasting change. As we learn more about the ways for tenants to apply we will keep you informed.

Steven, Jamie, Eric and the entire SKH Heiberger LLP team.