Rent Freeze

State's Tenant Safe Harbor Act

#Evictions remain on hold for residents of New York through 2021, Gov. Andrew Cuomo announced on a conference call with reporters Today. The State's Tenant Safe Harbor Act will be expanded until January 1, 2021.

Housing advocates have worried about the fate of residents at risk of eviction as unemployment in the state remains high and congressional aid hangs in limbo.

New York originally halted evictions statewide against all tenants in mid-March. That changed in May, when New York limited the moratorium to individuals who qualified for unemployment or who couldn’t pay rent because of COVID-19.

Last week, Cuomo extended the ban on COVID-related commercial evictions and foreclosures an additional month. 

The moratorium extends protections that are already in place for commercial tenants and mortgagors related to the financial toll seen by business owners as a result of the ongoing pandemic.

The extension "allows commercial tenants and mortgagors additional time to get back on their feet and catch up on rent or their mortgage, or to renegotiate their lease terms to avoid foreclosure moving forward," according to the state. 

Governor Andrew M. Cuomo announcement said It will  protect additional residential tenants from eviction if they are suffering financial hardship during the COVID-19 public health emergency. The Executive Order extends the protections of the Tenant Safe Harbor Act to eviction warrants that existed prior to the start of the pandemic.

"As New York continues to fight the pandemic, we want to make sure New Yorkers who are still struggling financially will not be forced from their homes as a result of COVID," Governor Cuomo said. "We are extending the protections of the Safe Harbor Act through January 1 because we want tenants to have fundamental stability in their lives as we recover from this crisis." 

Commercial Evictions

Governor Cuomo first announced a State moratorium on residential and commercial evictions on March 20 to ensure no tenant was evicted during the height of the public health emergency. The Governor signed the Tenant Safe Harbor Act on June 30 which became effective immediately as well as additional legislation providing financial assistance to residential renters and landlords. Additionally, previous Executive Orders have prohibited charges or fees for late rent payments, and tenants facing financial hardship can still use their security deposit as payment and repay their security deposit over time.

Earlier this month, the State's moratorium on COVID-related commercial evictions and foreclosures was extended by Governor Cuomo by Executive Order, until October 20th. This measure extends protections already in place for commercial tenants and mortgagors in recognition of the financial toll the pandemic has taken on business owners, including retail establishments and restaurants. The extension of this protection gives commercial tenants and mortgagors additional time to get back on their feet and catch up on rent or their mortgage, or to renegotiate their lease terms to avoid foreclosure moving forward.