New York’s eviction moratorium signed into law by Hochul
(The Center Square) – New York Gov. Kathy Hochul on Thursday signed a new moratorium that will extend until Jan. 15 the prohibition against evicting renters who face hardships due to the COVID-19 pandemic.
The move comes one day after the state Legislature passed a bill that included that extension and a number of other measures aimed to provide relief for both residential and commercial renters as well as property owners who have not been paid. The Senate approved the package by a 38-19 vote, followed by an 80-60 by the Assembly.
Lawmakers did so after Hochul called them to Albany for a special session on Wednesday as the previous eviction moratorium ended on Tuesday.
Beyond extending the ban past the holidays, lawmakers also amended a state law that the U.S. Supreme Court ruled was partially unconstitutional. The law now gives property owners the right to challenge renters’ claims of hardship.
As the COVID-19 crisis moves into its 18th month, Hochul said in a statement that it’s still causing “unimaginable anxiety” for many New Yorkers whose livelihoods have been impacted by the health emergency.
“To help remedy the Supreme Court’s heartless decisions striking down the New York and the Biden administration’s moratoriums on evictions, we are enacting a new moratorium on residential and commercial evictions and extending the protections of New York’s Safe Harbor Act to January 15,” she said. “These steps will alleviate the crisis facing vulnerable New Yorkers who are suffering through no fault of their own.”
The bill also included measures designed to improve access to New York’s Emergency Rental Assistance Program. Now, more New Yorkers in need of assistance will be able to apply for funding as the law expands the state program into communities that went on their own but now have run out of funding.
Lawmakers and officials have been critical of ERAP as the state has struggled to get funds to renters and tenants because of the complicated application process.
Of the $2.7 billion available, Hochul said that more than $1.2 billion has been set aside or disbursed, including $300 million has been released to 23,000 landlords.
The measure also includes funding for property owners who have either had tenants vacate their units without paying back rent or have refused to apply for emergency relief.
“From the very beginning of the pandemic, we have been committed to ensuring that all New Yorkers – including renters and homeowners – are protected from losing their homes because of the hardships wrought by COVID-19,” said state Sen. Brian Kavanagh, D-Manhattan, in the statement. “We’ve also worked hard to ensure that the financial burden on tenants and landlords is lifted, through generously funded, effective relief programs, and to protect small businesses.
The bill also included an extension of another COVID-19 provision. It now amends the state’s Open Meetings Law to allow residents to participate virtually. That was available during the first 15 months of the pandemic, but that option ended on June 25, when the state’s disaster declaration expired.
With a rise in cases due to the delta variant, officials wanted the flexibility again to keep meetings open while also looking to prevent the spread of the virus.
“While the state of emergency has been lifted, it is clear that the pandemic has not ended and that some flexibility is still required to ensure that government can function safely,” Assemblymember Karen McMahon, D-Williamsville, in a statement. “This legislation allows municipalities and other political subdivisions to conduct their meetings remotely so that the business of government can continue without risking the health and safety of meeting participants.”
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