NYS Extends Eviction Moratorium to Jan. 15

Chris Gaetano
Published Date:
Sep 2, 2021
iStock-532047444 New York State Capitol Albany

New York renters will remain protected from eviction through Jan. 15, 2022, after the Legislature passed a bill extending the state's moratorium late Wednesday night, the New York Times reported. The previous moratorium expired on Aug. 31. The bill was passed less than a week after the U.S. Supreme Court, this past Friday, ruled against the Biden administration's latest eviction moratorium extension, implemented through the Centers for Disease Control and Prevention.

The Times noted that the Empire State would be especially hard hit by the wave of evictions anticipated in the wake of the court ruling, as no other state has a higher share of renters, the vast majority of whom live in New York City. It is estimated that more than 700,000 are behind in their rent, a number exceeded only by California, and even then not by that much: that state has 750,000 renters in arrears despite having a population about twice that of New York. 

The moratorium, in order to conform with the Supreme Court rulings, is not absolute. The new program adds a nuisance standard to eviction protections to provide landlords with a basis to start an eviction proceeding against a covered tenant if a tenant is a nuisance or has inflicted substantial damage to a property. The legislation emphasizes that the mere allegation of a violation is not enough to circumvent the ban; it must be proven by the petitioner.

The program also creates a due process mechanism for landlords to challenge the hardship declaration submitted by residential and commercial tenants, and for banks and mortgage holders to challenge the declaration submitted by property owners to avoid foreclosure. The provision also directs judges to require residential tenants to apply for rental aid if their hardship claim is valid. 

Still, this is not enough of a limitation for landlords. Gothamist has reported that the Rent Stabilization Association, which successfully sued the state last month to allow for court challenges to hardship declarations, said that it plans to file suit again in response to this latest extension, alleging that it violates the Supreme Court's rulings. 

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