Without eviction moratoriums, here are protections tenants still have
Pilar Moya-Mancera, executive d\Director Housing Help at grand opening of the Town of Huntington's Emergency Rental Assistance Program Center at 95 Broadway, Greelawn, on Aug. 20. Credit: Debbie Egan-Chin
Long Island tenants may still benefit from two protections to avoid getting thrown out of their homes even though the U.S. Supreme Court has ruled against federal and state eviction moratoriums.
The court noted Thursday that the U.S. Centers for Disease and Control lacked the authority to ban residential evictions in areas with high COVID-19 transmission rates, including Long Island. New York State's eviction moratorium was invalidated by the court in mid-August because the policy shielded tenants' based solely on their claims of hardship.
As state lawmakers consider enacting new protections, landlords are once again appealing to courts for permission to evict tenants. These renters have two main defenses, attorneys said. Long Islanders who apply for rent relief will have eviction cases frozen while their paperwork is processed. Under a state law that still stands, tenants who can prove a COVID-related hardship caused them to miss rent can't be evicted for those specific debts.
"The [housing] court calendar, as I'm sure you can imagine, can only hold so many cases," said Sharon Campo, a spokeswoman for Nassau Suffolk Law Services, which provides free legal services to those in need. "They’re not going to actually hear [a new] case for a while because everything is so congested."
Typically, tenants who receive a formal notice or demand for missed rent have at least 61 days before sheriffs may carry out a court-approved eviction, according to a timeline from Nassau Suffolk Law Services. But many cases are resolved through mediation or settlement long before sheriffs get involved, according to Bradley Schnur, a Jericho-based lawyer who represents tenants and landlords.
Long Islanders who seek federal rental assistance from the state — or from the Towns of Islip, Oyster Bay and Hempstead which are distributing their share of federal rent-relief aid — will not be evicted while their request is pending. Landlords who accept aid can't evict renters for the months it covers. Owners who reject assistance will have a hard time removing tenants for unpaid rent, but may try and evict them by arguing their leases have expired, Campo said.
"Tenants who owe money because of the pandemic, they need to apply to the [Emergency Rental Assistance Program]," Campo said. "That's the best advice."
Renters may also qualify for protection through the state Tenant Safe Harbor Act, which won't allow tenants to be evicted if they missed rent payments because of a pandemic-related setback, Schnur said. The law shields those who experience hardship from March 7, 2020, until all pandemic-related restrictions are lifted, according to Lucian Chalfen, a spokesman for the Office of Court Administration. Tenants will still be responsible for accrued rent.
"The burden is on the tenant to prove [hardship]," Schnur said. "The tenant should have documentation in place whether they collected unemployment; if they had a business, if their business was closed; things of that nature."
Sarina Trangle covers affordability and cost of living issues and other business topics. She previously worked as an editor and reporter at amNewYork.
'I'm going to try to avoid it' A trip to the emergency room in a Long Island hospital now averages nearly 4 hours, data shows. NewsdayTV's Virginia Huie reports.
'I'm going to try to avoid it' A trip to the emergency room in a Long Island hospital now averages nearly 4 hours, data shows. NewsdayTV's Virginia Huie reports.
