Are you facing eviction due to covid-19? Here’s the latest information you need to know.
Today we had a very personal question from a man at Fort Drum. He wanted to know if he can be evicted during the Coronavirus pandemic.
Because I always believe in being aware of the best and latest information, here are some insights I shared with the gentleman from Watertown that might be useful for you too…
Federal and State governments have different rules
There are two levels to always consider when we’re talking about the impact of COVID-19. One level is what the federal government is mandating and the other is what the state is mandating. In this case New York State is prohibiting evictions no matter what the reason.
No Evictions Policy in place through June 19th
Are you unemployed as a result of the Coronavirus? Maybe you’ve been ill. Maybe everything’s ok but you’re just not able to make the rent this month. During this time, it doesn’t matter what the reason is. If you’re unable to make your rent payment right now you cannot be evicted. Period. Initially it was a 90-day window that NO EVICTIONS could happen through June 20th, 2020. Within the last few days, that date’s been extended through August 20, 2020
Evictions at this time are illegal
An Albany paper article issued in early April details the structure of the initial mortatorium. And then here is the article outlining the extension to August 20th, 2020. NYS Attorney General Letitia James makes a clear statement here that evictions during this time frame are absolutely illegal. If however it’s federal housing, the federal government is not subject to NYS mandates. The federal government does not have to follow the eviction moratorium NY has put in place.
What about previous or pending eviction notices?
If you had a pending eviction case those proceedings have been temporarily adjourned. If you recently received a notice of eviction, that by itself is not enough for your landlord to evict you. Your landlord must get an order from the court to legally evict you. This is true even if your lease has expired. Even if you’re behind on rent. Now that evictions are halted, the moratorium defers those proceedings and temporarily protects tenants.
Should you still try to pay?
Yes. Ultimately you’re still responsible for those rent payments. The eviction moratorium doesn’t cancel out your payments. You’ll still need at some point, to make those payments. So make what you can when you can. Do your very best to keep up. Once the moratorium is lifted, those payments will be staring you in the face. Your landlord can file a nonpayment case against you once the moratorium’s lifted.
What do you do if your landlord still tries to evict you?
Just because the moratorium is in place doesn’t mean your landlord won’t still try to evict you before August 20th. Document anything and everything that’s going on, all communications with your landlord, etc. Then, email me. [email protected]. I always walk you through what you need to do next.
Joe Stanley is a personal injury attorney with Stanley Law Offices, based in Syracuse, NY. The firm also has offices in Watertown, Rochester, Binghamton, and Montrose, PA. You can always email any questions about an eviction you’re facing during COVID-19 or any other impact of the lock down to your livelihood, family, well-being, work, to [email protected].
Consultations are ALWAYS FREE and CONFIDENTIAL by phoning 1-800-608-3333. Stanley. Stanley Law. There for you. Always.