Coronavirus Tenants' Rights

The Office of the New York State Attorney General is unable to represent individuals or provide legal advice specific to your case. Instead, this FAQ will give general information about your rights. For specific legal advice for your case, you should contact an attorney. To find a free attorney, visit LawHelpNY. You can also contact your local bar association to get assistance. In NYC, you can contact 311 which can direct you to an attorney or a city agency.

Tenant Rights During the COVID-19 Crisis in New York State

Get Help Paying Your Rent

New York State residents (both tenants and landlords) can still apply to have their rent arrears paid by the state under the Emergency Rental Assistance Program (“ERAP”). Residents of City of Rochester and Monroe County, the City of Yonkers, Onondaga County and the towns of Hempstead, Islip and Oyster Bay must apply with their local programs for emergency rental assistance.

Funds are limited so please go to the ERAP website to see where funds are still available. In addition, households in any part of the state with income over 80 percent and up to 120 percent of area median income can still apply for state-funded emergency rental assistance.

Even if funds are not available, eviction cases are stayed from when you file an ERAP application to when a decision is made on the application. If you have filed an ERAP application, make sure to tell the court.

WHERE CAN YOU RECEIVE IMMEDIATE ASSISTANCE

Households who need immediate assistance with help paying for rental arrears, ongoing rent, food or providing heating assistance may apply for assistance through:

• Their local department of social services office.
• For areas outside of New York city: myBenefits
• The United Way Helpline, which has access to various local services throughout the state. They can be reached by phone by dialing 211.
• New York City residents can obtain information on various local services by calling 311.

Eligibility

New York residents are eligible for ERAP if they meet all of the following criteria:

• Household gross income is at or below 80 percent of the Area Median Income (AMI).These income limits differ by county and household size. A household may qualify based on current income or calendar year 2020 income that is at or below 80 percent AMI.
• On or after March 13, 2020, a member of the household received unemployment benefits or experienced a reduction in income, incurred significant costs or experienced financial hardship, directly or indirectly, due to the COVID-19 pandemic.
• The applicant is obligated to pay rent at their primary residence and has rental arrears (rent overdue) at their current residence for rent owed on or after March 13, 2020.
• The household must be at risk of experiencing homelessness or housing instability, which can be demonstrated by having rental arrears owed on or after March 13, 2020.

There are no immigration status requirements to qualify for the program.

Households eligible for rental arrears may also be eligible for help paying utility arrears at the same rental unit.

Benefits

Households approved for ERAP may receive:

• Up to 12 months of rental arrears payments for rents accrued on or after March 13, 2020.
• Up to 3 months of additional rental assistance if the household is expected to spend 30 percent or more of their gross monthly income to pay for rent.
• Up to 12 months of electric or gas utility arrears payments for arrears that have accrued on or after March 13, 2020.

Payments will be made directly to the landlord/property owner and utility company on behalf of the tenant. Tenant applicants will be notified of the amounts paid on their behalf. If a landlord is difficult to locate or does not otherwise provide information needed to complete the application, funds will be held for up to 180 days to allow sufficient time to locate the landlord and collect required information as well as to provide tenant protections and maximize landlord participation.

Renter Applicant Documents

Renters will need to provide:

• Personal identification for primary applicant (individual signing application ). Acceptable forms of identification include items such as: A photo ID, driver license or non-driver government-issued ID, passport, EBT/Benefits Issuance Card, birth certificate or school registration.
• Social Security number of any household members who have been issued one. Individuals do not need to have a lawful immigration status to qualify for the program.
• Proof of rental amount, signed lease, even if expired. If no lease is available then proof can be shown through a rent receipt, canceled check or money order. If no documentation is available, landlord attestation will be accepted.
• Proof of residency and occupancy – Signed lease, rent receipt, utility bill, school records, bank statement, postal mail with name of applicant, insurance bill, or driver license. Proof should be current.
• Proof of income:
  • Documents demonstrating monthly income for the prior month, such as pay stubs, bank account deposit verification, unemployment benefits letter, or other proof; OR
  • Documents demonstrating annual income for 2020, such as a W-2 tax form from an employer, an annual statement of earnings, or a copy of a completed income tax return, such as a 1040, 1040EZ, 1099 tax form, or other evidence of 2020 annual income.

  Applicants will be asked to attest that on or after March 13, 2020, a member of the household received unemployment benefits or experienced a reduction in household income, incurred significant costs or experienced other financial hardship, directly or indirectly, due to the COVID-19 pandemic. The applicant will need to sign the application form and associated certifications agreeing that the information provided in the application is accurate.

  Landlord Applicant Documents

  Landlords and property owners will need to provide:

  • W-9 tax form by keying this information in the Owner Account on the ERAP portal.
  • Executed lease with tenant applicant, or if there is no written lease, a cancelled check, evidence of funds transfer or other documentation of the last full monthly rent payment. Upload pages of lease to at least include unit address, tenants on lease, monthly rental obligation, and signature page.
  • Documentation of rent due from tenant by uploading a monthly rent confirmation form or ledger identifying the rental amount due by month. Do not include non-rent payments such as late fees or parking fees.
  • Banking information by keying in direct deposit information in the Owner Account on the ERAP portal.
  • If applicable, the owner affidavit or signed agreement designating the property management company/agent as authorized recipient of ERAP funds.

  The property owner or an authorized property management company will be required to sign the application form and associated certifications agreeing that the information provided, including the amount of rental arrears owed, is accurate and does not duplicate a payment received from another program.

  The property owner or authorized property management company must also agree to the following terms as a condition of accepting rental arrears payments:

  • The ERAP payment satisfies the tenant's full rental obligations for the time period covered by the payment.
  • Waive any late fees due on any rental arrears covered by the ERAP payment.
  • Not increase the monthly rental amount above the monthly amount due at the time of application for ERAP assistance for months for which rental assistance is received and for one year from receipt of the ERAP payment.
  • Not evict the household on behalf of whom the ERAP payment is made for reason of expired lease or holdover tenancy for one year from the receipt of the ERAP payment. An exception to this requirement shall be made if the dwelling unit contains four or fewer units and the property owner or owner's immediate family members intend to immediately occupy the unit for use as a primary residence.

  What if My Landlord Won't Accept ERAP

  Your landlord is not required to assist with the ERAP application or accept ERAP payments.

  However, you will want to explain to your landlord that it is in their interest to work with you to obtain ERAP. Evicting a tenant does not guarantee that the landlord will be able to collect any rent. More importantly, you may have defenses to the eviction proceeding, including showing financial hardship, so that you will not be evicted.

  Termination of New York State's Eviction Moratorium

  The New York State Eviction Moratorium that allowed tenants to file a hardship declaration to stop their eviction expired on January 15, 2022. Landlords are now allowed to serve court papers and the courts will be resuming eviction proceedings even if you filed a hardship declaration. You should check with the court if you had an ongoing court case that was stopped because you filed a hardship declaration.