New York’s coronavirus eviction moratorium, explained

The novel coronavirus has pummeled New York City’s economy, leaving workers who were gainfully employed only weeks earlier to grapple with the economic fallout. And in a city where renters make up nearly two-thirds of the population, several questions loom large: What happens if I can’t make rent? Will I be evicted? And what rights do I have as a tenant?

The good news is that tenants—residential and commercial—are protected under a blanket eviction moratorium until June 20, and will have some additional protection until August 20. Those final two months of the moratorium come with some significant restrictions that tenant advocates and housing lawyers say will put a broad swath of renters at risk.

Initially, New York Chief Administrative Judge Lawrence Marks announced a suspension on court eviction proceedings, but a loophole briefly allowed landlords to file new eviction cases. A March executive order from Gov. Andrew Cuomo closed that loophole by blocking new cases and enacting a statewide eviction moratorium until June 20.

So until mid-June, all New York tenants cannot legally be evicted from their homes—full stop. (That doesn’t mean some landlords won’t try; housing attorneys and tenant hotlines have been busy fielding questions from frazzled renters receiving misinformation, or even threats.) But not all New York renters will have the same protection from eviction in the final two months of the moratorium. If you’re unsure what all of this means for you, read on for a break down of New York’s moratorium on evictions.

What does an eviction moratorium mean for me as a renter?

The moratorium covers both residential and commercial tenants, and will be in place until at least August 20. If you had a pending eviction case those proceedings, by and large, have been temporarily adjourned. If you recently received a notice of eviction, that by itself is not enough for your landlord to evict you; a landlord must get an order from the court to legally evict a tenant, even if their lease has expired or they are behind on rent. Now that evictions are halted, the moratorium defers most of these proceedings.

Ahead of a projected surge of new eviction cases once the moratorium expires, the city’s housing courts are taking up certain pending eviction cases, Judge Marks announced on May 19. Qualifying cases must have commenced before the pandemic and both parties must have counsel, but those parties will only take part in settlement talks and judges cannot order evictions, according to New York’s Office of Court Administration.

It’s also important to note, that as of June 20, the moratorium will change. Instead of serving as a blanket protection to all tenants, it will only apply to certain qualifying renters, as mandated by a new executive order issued by the governor.

Read on for more on how that new order affects the moratorium.

What changes about the eviction moratorium after June 20?

Cuomo has extended the eviction moratorium by two months with a May executive order from June 20 to August 20. But that extension came with some significant changes: Chief among them is that as of June 20, the moratorium will only apply to tenants who have suffered a “financial hardship” because of COVID-19 or who qualify for unemployment.

That means people who are facing eviction for reasons other than nonpayment, along with undocumented immigrants and others who don’t qualify for unemployment benefits, could soon find themselves in housing court. And because the language of the governor’s latest order extending the moratorium is vague, it has opened the door for loose interpretation from the court system, generating confusion for tenant and landlord attorneys alike in how to advise their clients.

Patrick Tyrrell, a staff attorney for Mobilization for Justice, says the gaps in tenant protections means renters will fall through through gaps in the new order. “I think it’s going to be very, very difficult times after June 20 if there aren’t greater protective measures in place,” says Tyrrell.

A spokesperson for the state’s division of Homes and Community Renewal did not clarify how the state defines “financial hardship” and what precise criteria it expects those facing eviction to meet in order to qualify for protection; the governor’s office did not return requests for comment. It remains unclear how the courts will interrupt the order.

If I won’t be evicted, do I still have to pay rent?

Short answer: Yes; the eviction moratorium does not cancel rent payments, and if you can, you should still pay your rent. Not paying rent can open a legal pandora’s box that enables a landlord to bring a nonpayment case against a tenant once the moratorium is lifted.

That may not be feasible for many New Yorkers who recently lost work. This is why the eviction moratorium exists: So those who are suffering a sudden financial hardship aren’t forced into the street during a pandemic.

For those struggling to make ends meet, the city’s Human Resources Administration can offer some help through the “One Shot Deal.” This emergency assistance program can provide qualifying New Yorkers with a one-time payment they can put toward rent.

Jason Wu, a housing attorney and a trustee for the Association of Legal Aid Attorneys, says communication can also be key here. If you can’t make rent, you might want to let your landlord know that you recently suffered a loss of income and see if an arrangement can be reached; when you find a new source of income, you may be able to negotiate a repayment plan with your landlord for missed payments, says Wu.

Can my landlord still file a nonpayment or eviction case against me?

Eviction proceedings are paused for the time being. Cuomo’s executive order initially blocked new cases until April 19 and the governor has since extended that pause to June 6. This means that come early-June, New York landlords will have the option to file new nonpayment and eviction cases against tenants, but those new cases will be temporarily adjourned. Even if a landlord tries to get the ball rolling by filing a new case in June, tenants are currently not at risk of a default judgement if they don’t respond in court.

But my landlord is still threatening to evict me. What do I do?

As Andrea Shapiro, a program manager with the Met Council on Housing puts it, “There’s nothing landlords can do to get you out legally right now. The law is on your side.”

You don’t have to go anywhere, and you shouldn’t: Health officials continue to caution those feeling sick—and those who are not—from leaving home unless the state has deemed your job essential (health care, transportation, law enforcement, etc.) or to pick up groceries and medication.

But if your landlord shows up at your door and claims you’ve been evicted or tries to change the locks, shut off utilities, or physically remove your belongings, you can call the police and explain that your landlord is engaging in an illegal eviction, according to Wu. (It is a criminal misdemeanor to illegally evict a tenant in New York.)

Wu worries that some landlords may try to bully tenants who are not familiar with the eviction process into leaving during the moratorium. “I have concerns about the intimidating and harassing tactics that landlords are using that really ride the line of what’s legal but potentially arises to harassment,” says Wu. “It’s important that tenants know that protections exist.”

So remember: No matter what your landlord tells you, you are protected under a blanket moratorium until June 20, and then may have additional protection until August 20.

A city marshal is trying to evict me. Can they do that?

No. On March 13, the city’s Department of Investigations notified all marshals that eviction proceedings are suspended, and that directive has since been extended indefinitely. If a marshal tries to execute an eviction warrant, do not comply, and report the activity by calling DOI’s Bureau of City Marshals at (212) 825-5953.

“Don’t make decisions out of fear,” says Susanna Blankley, the campaign coordinator with the Right to Counsel NYC Coalition. “Know that you have rights; know that you have power.”

What if I’m diagnosed with COVID-19—does that change anything?

It’s critical to know that your landlord cannot ask you to leave your apartment because you have tested positive for COVID-19 or may be sick, according to the Mayor’s Office to Protect Tenants. For one, you’re currently protected under the eviction moratorium; but your landlord cannot discriminate against you, harass you, or threaten to kick you out of your home because of fear or stigma surrounding COVID-19. If you’re experiencing discrimination or harassment by your landlord, report it to the city’s Commission on Human Rights by filling out this form.

What happens when the eviction moratorium is lifted?

The answer to that question is currently up in the air. Cuomo left renters out of a March announcement on mortgage relief, but Queens State Senator Michael Gianaris has proposed new legislation that would suspend rent for 90 days for residential and commercial tenants impacted by the state’s outbreak of COVID-19. The legislation would also provide mortgage relief to the landlords of qualifying tenants. Manhattan Assembly member Yuh-Line Niou has introduced a version of the bill in that chamber.

“We are staring down the barrel of a housing crisis we know is coming,” says Gianaris. “We can either let that happen or we can put up some legal structure around it and try to soften the landing.”

Cuomo has remained largely silent on the legislation, despite claiming that the eviction moratorium “solves” the issue. Tenant advocates and housing attorneys are quick to note that tens of thousands of New Yorkers could face eviction once the moratorium is lifted, triggering a wave of displacement.

The Housing Justice for All coalition—of which the Met Council on Housing and the Right to Counsel Coalition are members—has advocated for an outright cancellation of rent payments during the pandemic, calling on the state to suspend rent for the duration of New York’s health crisis.

“Without relief, what will happen is mass displacement that would just be unconscionable,” says Blankley, who says rent strikes or court action are on the horizon without relief. At the very least, the state should extend the moratorium for the duration of the pandemic—and then for three months after that, according to Shapiro. “It would give people a little more time to get on their feet and figure out what’s happening,” she says.

On the city level, City Council Speaker Corey Johnson, who supports canceling rent, has introduced legislation that would effectively halt evictions and debt collection for both residential and commercial tenants until September 30, following the expiration of state and federal eviction moratoriums, and would also prevent city marshals and sheriffs from collecting debts and carrying out evictions on New York City residents impacted by COVID-19 until April 2021. Legislators are still debating the bill.

“It’s essential that New Yorkers get the rent cancellation they need, but in the meantime, we need to give renters peace of mind that we won’t let them suffer irreparable harms,” says Johnson.

But if New York is to bounce back from this pandemic without deepening the city’s homelessness crisis and further spiraling into economic uncertainty, the governor and state legislators must not stop at an eviction moratorium, says Wu.

“I think the eviction moratorium was a good first step, it provides the immediate relief,” he says. “It’s not a long-term solution. It just kicks the can down the road.”