To the editor:

The Moratorium on Evictions in NYS has been extended until 1/15/22. Tenants seeking protection from eviction must submit a Hardship Declaration form, indicating they experienced a financial hardship during COVID-19 (from 3/7/20 to 1/15/22). Landlords are required to serve a copy of the Hardship Declaration on the tenant in tenant’s primary language along with any other type of notice required by lease, agreement, or law, prior to initiating an eviction proceeding. Landlords can evict tenants who do not submit a hardship declaration, on tenants that are proven to have caused significant damage to property or have been persistently and unreasonably engaging in behavior that substantially infringes on use and enjoyment of other tenants or causes a substantial safety hazard to other tenants. Tenants are protected from eviction if they have an application pending for rental assistance under ERAP program, as eviction cases must be paused when a rental assistance application is pending, until a final determination is made on rental assistance application.

There is a moratorium on residential foreclosure proceedings and tax lien sales until 1/15/22. Homeowners/landlords who own 10 or fewer residential dwellings can file Hardship Declarations with their mortgage lender, other foreclosing party, or a court that would prevent foreclosure.

Tenants seeking to use the eviction moratorium must submit a hardship declaration and/or submit a rental assistance application under the ERAP Program. The hardship declaration is a document explaining the source of the hardship. Hardship Declarations are available in English and Spanish via the NYS Unified Court System.

William Fisher

Hudson

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