New Yorkers worried about Not being able to Pay Rent because of the Pandemic, could breathe a sigh of relief Wednesday, as Lawmakers earmarked more Financial Aid for them, and Extended a Statewide Ban on Evictions, through January, 15, 2022.

With New York’s COVID-19 Infection and Hospitalization Rates, ticking-up at an alarming pace, because of the Delta variant, the State Senate and Assembly convened In-Person for the First time in months, for an unusual Special Session to Pass Two Bills Locking-In the Rental Protections:

First Bill - Renews the State’s Moratorium on Residential and Commercial Evictions and Foreclosures, which Expired at Midnight August 31st.

Second Bill - Adds another $400 Million to the Emergency Rental Assistance Program, which covers Arrears owed to Landlords whose Tenants can Prove they can’t Pay Rent because of Pandemic-related Economic Hardships.

“As COVID-19 continues to be a threat to the health and wellbeing of New Yorkers throughout the state, we are taking decisive, comprehensive steps to extend and strengthen the pillars of our legislative strategy to keep all New Yorkers safe,” said State Sen. Brian Kavanagh (D-26th District, Manhattan, Brooklyn), the Main Sponsor of the Legislation.

The Moratorium Extension was Approved by the Senate in a 38-19 Vote, while the Emergency Rental Assistance Program Bill passed 57-0.

The Measures were also expected to easily Pass the Assembly, where Debate was still ongoing, late Wednesday.

Gov. Hochul (D) convened the Special Legislative Session, for the Explicit purpose of Renewing the Moratorium and has Promised to Sign both Bills.

Late Tuesday, Hochul said the Moratorium, must stay in place while her Administration works to Streamline the Federally-Funded Emergency Rental Assistance Program, which has only sent out a Fraction of its Allotted $2.7 Billion to Landlords due to Bureaucratic Snafus that began under her Predecessor, Cuomo (D).

She raised particular concern about the Possibility of, Thousands of New Yorkers becoming Homeless if Evictions are allowed to Resume, at a time when the State Reports Thousands of New COVID-19 Cases every day.

“We are not going to abandon our neighbors in need, especially since the state of New York failed in its responsibility to get the money that was allocated by Congress out to the people in need earlier this summer,” the Governor said at the State Capitol.

Though Tenant Advocates hailed Wednesday’s Development, the Reinstated Moratorium will likely face, a Stress Test, in the coming weeks.

Even before the Assembly and Senate Voted, the Rent Stabilization Association, which represents some 25,000 Landlords in the City, announced it will Challenge the New Eviction Ban in Court.

“This is blatant contempt of SCOTUS’ order,” said the Group’s President, Joseph Strasburg, using a Common acronym for the Supreme Court. “The Legislature can’t act as the Judiciary.” Strasburg’s Group was a Plaintiff in another Lawsuit that prompted the U.S. Supreme Court to, last month, Invalidate a Key Component of New York’s First Eviction Moratorium. A few weeks after the New York Ruling, the Supreme Court Rescinded the Biden Administration’s National Eviction Moratorium Wholesale, adding urgency to Calls from Democrats, in New York, to Renew the State’s own Protections.

Republican Lawmakers sided with Strasburg’s Sentiment and lamented that the Bills don’t do anything to Speed-Up the Processing of Emergency Rental Assistance Program Payments. “What’s being proposed today, extending the moratorium, is kicking the can down the road and it’s not really solving any problems,” said Upstate Sen. Pamela Helming (R-54th District, Canandaigua), the Top Republican on the Senate Housing Committee. “This legislation does nothing to help move the money.”

Democrats Disagree. They say the Bills will, Pass Legal Muster, because they’ve tweaked Elements of the Moratorium in accordance with the Supreme Court’s Ruling.

First off, there’s a Carve-Out by which Landlords will be able to Start an Eviction Proceeding if a Tenant “is a nuisance or has inflicted substantial damage to a property.” There’s another Provision that Creates a Due Process Mechanism for Landlords to bring Court Challenges against the so-called Economic Hardship Declarations, Tenants must Submit, to be Protected by the Moratorium.

CLICK HERE for Tenants and Landlords to Apply for the Statewide Program.










NYC Wins When Everyone Can Vote! Michael H. Drucker