What To Do If Facing Eviction

COVID-19 still impacting New York City and many are left with questions on what to do if they are evicted after Executive Order 202.28 expires on August 20, 2020. Expiring eviction freezes like Executive Order 202.28 are expected to “create a wave of evictions which would cause a displacement and eviction crisis.” This article specifically discusses nonpayment eviction in New York.

Here are steps to take and rights you should know if you are presently facing eviction:

1. You do not need to leave immediately.

• If you receive an eviction, you do not have to leave immediately. You may fight your eviction in court.

2. Landlords must go through New York State’s formal eviction proceedings.

• The landlord must give notice to the tenant that they are being evicted, and the tenant must be given a chance to appear in court.

3. You may pay the outstanding rent balance in full, or negotiate a payment plan with your landlord to potentially stop the eviction process.

4. Check whether you qualify for State or Federal eviction moratoriums.

• State eviction moratoriums include Executive Order 202.28, and the Tenant Safe Harbor Act has provided protection for residential tenants in New York.b.
• You may qualify for the federal eviction moratorium under the CARES Act.

5. Seek counsel. Tenant’s in New York City have a right to free legal counsel for housing cases.

6. Seek other help through a local tenant’s organization, legal aid society, and other financial assistance programs. Some local tenant organizations and financial assistance programs can be found through these links:

• https://nationalevictions.com/home/welcome/states-eviction-process/new-york-eviction-process/
• https://www.rentassistance.us/

7. Prepare for court.

• Do some research and speak with a landlord-tenant attorney or local organization to come up with defenses that can be used in court.

Sources below:

• https://www.governor.ny.gov/news/no-20228-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency
• https://www.cnbc.com/2020/07/02/housing-advocate-on-what-to-do-if-youre-being-evicted-during-covid-19.html
• https://nextcity.org/daily/entry/eviction-lab-releases-new-eviction-tracking-system
• https://ny.curbed.com/2020/3/27/21195216/new-york-rent-freeze-legislation-coronavirus-covid-19
• https://www.cnbc.com/2020/07/02/housing-advocate-on-what-to-do-if-youre-being-evicted-during-covid-19.html
• https://www.fhfa.gov/Media/PublicAffairs/Pages/FHFA-Extends-Foreclosure-and-Eviction-Moratorium-6172020.aspx
• https://www.cnbc.com/2020/07/02/housing-advocate-on-what-to-do-if-youre-being-evicted-during-covid-19.html
• https://www.cnbc.com/2020/07/02/housing-advocate-on-what-to-do-if-youre-being-evicted-during-covid-19.html
• https://studentloanhero.com/featured/eviction-process-handle-notice/