Holdover cases: The landlord wants you evicted for reasons other than nonpayment of rent. If the tenant is determined eligible for ERAP assistance and the landlord cannot be contacted to provide necessary information so the rental payment may be issued, the State will hold such funds on behalf of the tenant for at least 180 days. For what time period is my household income counted to determine if I am eligible for. If a tenant owes rental arrears from before March 13, 2020, or does not pay rent in the future, a landlord can begin an eviction proceeding. This is called the warranty of habitability. The W-9 tax form is required in order to receive ERAP payments. As of November 21, 2021, LRAP is no longer accepting applications for assistance. Tenants and landlords submitted one application; however, there are separate sections for the tenant and the landlord to complete. Contact the ERAP Call Center with details of the new property ownership, and an operator will assist you. Ten tenant rights your landlord doesn If my children live with me and they are 18 years old or older do I have to enter their income on the application? What if I move from my apartment after I apply for. Is my sublessor eligible for. Any household whose rent is limited to a percentage of household income may apply for assistance, and their application will be reviewed and processed in the order received, consistent with State law, program rules, and as long as funding remains available. Households that do not have a lease will be required to provide other proof of a rental obligation, such as a landlord statement, canceled check or proof of electronic payment. What they cannot do is withhold the security deposit to cover normal wear and tear, such as slightly worn carpet or a few scuff marks on the walls or floors. The impacted types of housing include tenants receiving a Section 8 Housing Choice voucher, a project based Section 8 voucher, those who reside in public housing, those in receipt of FHEPS, or other housing situations where rent cannot be more than 30 percent of their income. Payments provided through ERAP must be used to pay landlords for rent owed from eligible tenants. WebThe short answer is no, except for emergency circumstances. In addition, the new rent laws strengthened protections for New Yorkers living in rent-controlled or rent-stabilized apartments. **, If I am a tenant, can my landlord see my personal information on my application for, If I am a landlord, can my tenant see my personal information on my application for, Do tenants and landlords submit one application or separate applications?**. If the unit is Such documentation may include, but is not limited to, evidence that the tenant is not obligated to pay rent in consideration for the use and occupation of a dwelling pursuant to a written or oral rental agreement, evidence that the dwelling is not the primary residence of the applicant, or evidence that the tenant does not owe rental arrears. Try to work it out: In the end, even paying a renter or nonpaying guest to go away might be faster and cheaper than trying to evict him. However, ERAP is limited to a maximum of 15 months of rental assistance 12 months of rental arrears assistance and 3 months of future rent assistance for rent burdened households. No. Hotel or Motel rentals, if the household can demonstrate a weekly or monthly rental agreement; Manufactured home or manufactured home lot rental. And, if they decide that they are going to allow individuals with a cat or dog to live in their house, they have the right to charge a pet fee or an additional monthly rent payment. Funds paid on behalf of a household will not count as income for purposes of Public Assistance or SNAP. Try to find a reasonable For example, if a tenant is receiving benefits from the Housing Choice Voucher Program (Section 8), or resides in public housing, their rent payment remains based on their income and is subject to annual recalculation. If the property ownership changes, you may still be eligible to receive ERAP benefits. If a landlord is unable to get the tenant to provide needed information to complete an ERAP application, they should contact the designated local organization for outreach assistance. Will rental or utility assistance received through. Landlords are not required to allow pets in their properties. However, there are limits to that right and a landlord is required to follow the proper procedures mandated by their state. Does he have legal right to do Yes, you may be eligible as long as you also meet the other program eligibility requirements. Individuals do not need to have a lawful immigration status to qualify for the program. In order to qualify as a bedroom suitable for sleeping, a room must have an egress window or door that will allow the occupant to safely escape in the event of a fire. New York State residents outside of New York City who do not need help paying for rental arrears and only need help paying for utility costs should apply for the Home Energy Assistance Program (HEAP) at www.myBenefits.ny.gov. Please call 1-844-NY1-RENT (1-844-691-7368) for assistance or reach out to a community-based organization in your area. Any documentation of previous harassment by or conflict with the landlord. Securing affordable homeowners insurance, however, has become a challenge. Do I need to repay assistance provided through ERAP? View a list of supported browsers. Changes to New York State rent laws, recently passed by lawmakers in Albany, make it harder for landlords to evict any tenant. Tenants without heat or hot water should file a complaint by calling 311 (TTY 212-504-4115) or online at nyc.gov/311. Web1. Landlord If I don't have any income at the time of applying for ERAP, am I eligible for the program? Can a homeless family living in a shelter access. WebLandlords Duties & Obligations. If your landlord does try to evict you because you did not pay rent during the COVID-19 covered period, you can raise financial hardship as a defense. Tenants should share this notification with the landlord and, if needed, may provide it to a court as a defense in any proceeding seeking a monetary judgement or eviction brought by a landlord for the non-payment of rent accrued during the time period covered by the available ERAP payment. No, in most states, landlords are required to give sufficient notice (typically 24 hours) before entering a tenants property. Rental Lease Agreements - NYC Lease Laws | NYC Bar - New Landlord They may be eligible as long as they meet all of the other program eligibility requirements. No. Assistance provided to tenants under ERAP will not be considered taxable income. Households can contact their public housing agency to request an interim recertification. My Tenant Wont Pay, but Wont Go. What Can I Do? - The New What documents will I need to submit to prove that I am eligible for, If I do not have a lease, but I am a month-to-month tenant, am I still eligible to receive, Are all locations throughout NY State eligible for, Do households have to have someone who had a case of. Landlord insurance is not required when renting a property. View the list of community-based organizations available to help tenants and landlords. Are water bills or internet bills eligible as part of ERAP? No. NEW YORK -- An Air Quality Alert is impacting most of the Tri-State Area. Inwood parking firm blames a worst landlord for allegedly not Landlords Face Uphill Battle Evicting Tenants During Covid To avoid Covid-related evictions, tenants need only sign the CDCs Covid declaration form. To provide necessary or agreed upon repairs or services, or, To show the apartment to prospective tenants or purchasers; and, A resident of a rent stabilized hotel room who has made a request for a lease; and. This also includes landlords not required by law to provide it who did so by choice. A landlord may not evict a tenant for nonpayment of rent during the period that would be covered by the ERAP payment if the landlord refuses to accept the payment. You must be able to document your rental obligation. If the landlord does not fix peeling paint or if work is being done in an unsafe manner (for example, creating dust that is not being contained), tenants should call 311. However, a landlord may enter a tenant's apartment in some situations. From left, Sabrina Wu, Sherry Cola, Stephanie Hsu and Ashley Park in Joy Ride.. In addition, many animals cannot be kept legally as pets in the City of New York. Expert advice from Bob Vila, the most trusted name in home improvement, home remodeling, home repair, and DIY. Households who receive a payment from other rental assistance programs will not be eligible to receive ERAP assistance to pay for the same rental arrears owed. If I have questions, who should I contact? View the list of community-based organizations available to help tenants and landlords. Will my three roommates' income be counted towards my eligibility when determining if I am eligible for, I share an apartment with my friend. The original check will be voided and a new check will be issued in the correct amount if applicable. City of New York. You may also seek out the alternative resources available as described in the Assistance for Tenants not Eligible for ERAP section. Frequently Asked Questions | Emergency Rental Assistance No. If you lose and think the judge made a mistake, you can appeal. Tenants may want to consult with and secure the services of an attorney before initiating any lawsuit. Organizations that provide such assistance can be found by visiting our Help Applying for ERAP webpage. More than 45 million people collectively owe $1.6 trillion, Legal FAQs for Renters in New York This means that you have completed your portion of the application, but your Landlord has not yet submitted documents or information necessary for your landlord to complete your application and receive payment. Am I still protected from eviction? The content of this web site may not reflect current legal developments. We may earn revenue from the products available on this page and participate in affiliate programs. Residential Tenants Rights Guide | New York State A landlord may not complete an entire application on behalf of a tenant; at a minimum, the tenant must sign and attest that the information contained in the application is accurate. Yes. You may contact the New York State Division of Human Rights, or, if you are a New York City resident, the New York City Commission on Human Rights, if you believe you are being discriminated against because of your eligibility or use of ERAP. The impact can be either directly or indirectly related to the COVID-19 pandemic. Yes, if your portion of the rent has not been paid and you meet the ERAP eligibility requirements. These eviction protections also do not apply when a unit is in a building containing four or fewer units, and when the landlord or a member of the landlords immediate family intends to No, since your friend paid the rent, there are no longer any rental arrears owed to the landlord. Yes. The amount of student debt held in America is roughly equal to the size of the economy of Brazil or Australia. Cellars in one and two-family homes can NEVER be lawfully rented or occupied for residential use. Once your application is submitted, you cannot make changes to it without calling the ERAP Call Center at 1-844-NY1-RENT (1-844-691-7368). Applications for households with income up to, Food, medicine, childcare, transportation expenses due to, Penalties, fees and/or legal costs associated with rental or utility arrears, Purchase of Protective Personal Equipment (PPE), Payments made by credit card or loans to avoid homelessness, Alternative Transportation arrangements due to, First, a utility arrears payment made directly to the utility company funded through by Home Energy Assistance Program (HEAP), for those eligible for HEAP (. A tenant who resides in a building with more than 20 units is eligible for ERAP. What the Affirmative Action Ruling Means for - The New York ERAP assistance may only be provided if your landlord is owed money. Contact the property owner, managing agent or building superintendent regarding the repairs. Landlords cannot charge application fees. A future landlord, especially one who was willing to take on such a high-risk investment, will have incentive to collect the outstanding rent. If your landlord starts a proceeding in Court to evict you because your lease expired, you are a holdover tenant, or because you were unable to pay rent that would be eligible for coverage under ERAP, you should show the provisional approval notice to the Court. Lot rental arrears can be paid through ERAP. Community-based organizations do not charge for helping someone apply to the NYS Emergency Rental Assistance Program (ERAP). No. Even though most landlords are renting property for income, they are not allowed to simply raise the rent in the middle of the lease to make more money. NYC.gov **, Are those types of subsidized housing that are required to charge rents at 30% of tenants' adjusted incomes allowed to raise my rent if they accept an. All participating communities have undertaken application assistance or partnered with community-based organizations to assist with outreach and application assistance. State law was passed that created the Landlord Rental Assistance Program (LRAP), another new program to provide rental assistance for landlords whose tenants have left their rental property or who are unwilling to apply for ERAP. You can show the notice to your landlord, and to the Court if your landlord starts a proceeding in Court to evict you because your lease expired, you are a holdover tenant, or because you were unable to pay rent that would be eligible for coverage under ERAP. **, If I submitted my portion of the application before the portal was closed but my landlord still has not submitted their portion of the application, will the application still be considered? For more information on pet regulations, call 311. No. Tenants should report peeling paint in an apartment to the landlord. Such assistance is available for Tribal members living both within and outside Tribal lands. Your landlord cannot charge you late payments or penalties for missed rent during the Yes. Income of all adults in the household 18 years of age or older is counted except earned income of full-time students who are eligible to be claimed as a dependent pursuant to IRS regulations. Unless they have just causesuch as a roommate moving into the property or a new pet joining the householdthey cannot simply decide to raise the rent before the lease is up. If the landlord fails to do so they forfeit any right to the deposit. The household is at risk of experiencing homelessness or housing instability, which can be demonstrated by having rental arrears owed on or after March 13, 2020. If you are having difficulty logging into your ERAP account, please call the ERAP Call Center at 1-844-NY1-RENT (1-844-691-7368) for assistance. Learn more about the new tenant protection laws from theNYC Mayor's Office to Protect Tenants. If I share an apartment with a roommate and receive help through ERAP, can the landlord or property owner evict me? Utility bills or other bills directed to you with respect to your apartment (telephone, cable, etc.). No. Occupants of illegal basement and cellar apartments may be ordered by the City to vacate or leave any such apartment. What are the rules about living in basements and cellars? How do I request a reasonable accommodation due to a disability? Can I make corrections to my application during the application period? Landlords can also call the ERAP Call Center to obtain contact information for their local organization. No. In New York, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities under New York landlord-tenant law. If the landlord has not provided the needed information after 180 days from the tenant's determination of provisional eligibility, OTDA may reallocate the set-aside funds to serve other ERAP applicants, and the tenant may use the provisional determination of ERAP eligibility as an affirmative defense in any proceeding brought by the landlord during the subsequent year for a monetary judgment or an order of eviction based on the nonpayment of rent that would have been covered by the payment. SOURCE OF INCOME DISCRIMINATION A TENANT Yes. Therefore, you may want to leave copies of whatever papers you have which establish your occupancy with a friend or relative who does not live in the apartment. No, eligible households are not required to repay rental payments, rental arrears or utility arrears assistance provided through ERAP. How will the tenant know what will be paid on their behalf? 2. What documentation is a landlord expected to provide? ERAP utility assistance payments will be made directly to the utility company. The timeframe it takes to process an ERAP application will vary based upon the completeness of the application, by both the tenant and landlord, and all the correct documentation being submitted. Is there a cap on the amount paid to cover monthly rental arrears? Individuals residing in New York City can download an application from the NYC Human Resources Administration HEAP webpage. a Family Member Landlords/property owners will receive 1099 forms for any rental assistance received pursuant to ERAP or LRAP for tax filing purposes. The exception to this, however, is for individuals who have a service animal. Will a handwritten signature or an e-signature be required for the application? In order to be eligible for ERAP, a household must have unpaid rent owed to the landlord or property management company. WebState law prohibits landlords from rejecting applicants to rental housing based on pending or past landlord-tenant actions. You also may be evicted if you fail to pay rent not covered by ERAP, and you may be subject to eviction if you do something that is not allowed by your lease. https://home.treasury.gov/system/files/136/Payments-to-Tribes-and-TDHEs.pdf, https://otda.ny.gov/workingfamilies/dss.asp, https://otda.ny.gov/programs/emergency-rental-assistance/legal-providers/. View the list of community-based organizations available to help tenants and landlords. Note: The content on this web site is intended for informational purposes only and is not intended to be legal advice or opinion. In addition, the ERAP Call Center is available to assist applicants in filing an application by phone. HAF is no longer accepting applications; however, you may register for their waitlist by applying through the HCR website. Can my landlord enter my apartment at any time? Examples of harassment include verbal or physical abuse, consistent withholding of services, or persistent physical or mental intimidation. They must fix environmental hazards or hazards that could cause accidents and injuries. https://otda.ny.gov/programs/Emergency-Rental-Assistance/, Supplemental Nutrition Assistance Program (SNAP), For the state-funded ERAP program, from September 15, 2021 through February 14, 2022, household gross income is at or below, On or after March 13, 2020, a member of the household received unemployment benefits. What should I do if my building owner is harassing me? Both the tenant and landlord must complete certain parts of the ERAP application to receive rental payments issued to landlords. If the property owner/landlord has not been paid, the current sublessee resident was able to apply for ERAP assistance. Tenants who move out of their residence are ineligible for ERAP assistance. Whether you are looking to rent an apartment or considering buying a rental property, it is essential to know what landlords are and are not allowed to do. Please see the below section Assistance for Tenants not Eligible for ERAP for alternative resources. No Hard Feelings and Joy Ride Bring - The New York Times From September 15, 2021 through February 14, 2022, households with income up to could have applied for the program so long as State funds remained available. The following other four jurisdictions that originally opted to run their own programs have indicated that they have obligated all of the funds that they received directly from the Federal government and are now participating in the State-run program. Your landlord can enter your apartment at any time and without notice in an emergency, and at a reasonable time after providing appropriate notice if the entry is either: My landlord has changed the locks on my apartment. In some states, they are required to give 30 days notice (or even more in some places), while other states do not require much, if any, notice to be given to the tenants before eviction can occur. Most states, such as New York, do not have a legal limit on how much a landlord can charge for damages except that the charges must be reasonable. Am I eligible for, If I share an apartment with a roommate and am not a signed party on the lease, and I pay my share of the rent to my roommate, am I eligible for, I share an apartment with three roommates, but I am the only one who has been unable to pay my share of the rent. The landlord must also notify you in writing of your right to request an inspection of the apartment before vacating and your right to be present at the inspection. Please visit https://otda.ny.gov/programs/Emergency-Rental-Assistance/ for more information. Owners and tenants have legal responsibilities to each other. Households who were denied ERAP and need assistance can contact the following alternative resources: As of 9:00pm EST on January 20, 2023, applications are no longer being accepted. No. However, in most states, they are required to give proper notice before executing an eviction. Households that participated in the COVID Rent Relief Program but who still have past due rent that is unpaid may be eligible for additional help through ERAP. 8 Important Facts About New York Landlord and Tenant Tenant Rights and Responsibilities - HPD - NYC.gov Self-attestation is acceptable in circumstances where no other forms of documentation are available. When it comes to a lease, the landlord must ensure that the rental unit is habitable and in good condition. April 16, 2020. Yes - the applicant will receive notifications through their preferred contact method. For the federally-funded ERAP program, for applications received during the first 30 days of the program, from 6/1/21-6/30/21, priority was given to households in the following order: After 6/30/21 (the first 30 days), applications for all eligible households are processed on a first-come, first-served basis, as long as funds remain available. Have community-based organizations been identified to assist with outreach efforts and to help tenants and landlords apply for ERAP? You do not need to include your roommates' income in your application. After 12 months from the tenant's determination of provisional eligibility, the landlord is deemed to have waived the amount of rent that would have been covered by the payment. View the list of community-based organizations available to help tenants and landlords. Keep in mind that landlord tenant law provisions can vary by state, so before renting to or from someone, read up on the local landlord and tenant laws in your state. Application assistance is also available in multiple languages at 1-844-NY1-RENT (1-844-691-7368). ERAP will, for most eligible households, cover the full amount of rental arrears for up to 12 months since March 13, 2020. Landlords have the right to evict tenants who do not follow the agreements set in the lease. If you are rejected based on your housing court history, it may be evidence of discrimination under the NYC Human Rights Law. Once I have applied for a full 12 months of rental arrears payments plus an additional 3 months of future rental assistance, will I be eligible to apply again? Personal information contained in the online ERAP application including a landlord's bank account, tax information or other personal information, is not able to be viewed online by the tenant. During the review process, applications and eligible payment amounts will be determined by the accompanying documentation. What if a tenant has completed the application as needed, but the landlord has not provided their information? Yes. If the property owner, managing agent or superintendent does not respond, write a letter that describes the problems in your apartment and asks for the repairs to be made by a certain date. Mail addressed to you or documents issued to you at your apartment (letters, voter registration card, driver's license, etc.). If you share an apartment with a roommate and pay your share of the rent directly to the landlord or property owner, the landlord or property owner must agree to the following terms as a condition of accepting a rental arrears payment: Yes. An individual, full-time college student is eligible for this program only if the individual in the household is not claimed as a dependent by their parents or legal guardians pursuant to IRS rules. Self-attestation of income, through a written and signed statement, is permitted in certain circumstances where no documentation is available, such as certain types of self-employment. ERAP is only available to pay rental arrears. Do the same restrictions against eviction apply if I live in one of the seven communities that is operating its own emergency rental assistance program? Occupants of illegal basement and cellar apartments face potential dangers such as carbon monoxide poisoning, inadequate light and ventilation, and inadequate egress in the event of a fire. Basements and cellars are very different spaces and thus have different legal uses. Free legal assistance may also be available. **, If a submitted application is deemed incomplete or includes insufficient documentation, will. If a landlord refuses to accept an ERAP payment for rental arrears owed by a tenant, the tenant may use the provisional determination of ERAP eligibility as an affirmative defense in any proceeding brought by the landlord during the subsequent year for a monetary judgment or an order of eviction based on a holdover tenancy or expired lease, or the nonpayment of rent that would have been covered by the payment. I am a landlord and my tenant left the rental property or isn't willing to apply for ERAP. I don't speak English or don't speak English well enough to read my. If we are unable to reach your landlord, we may reach back out to the tenant to get updated contact information. Public Housing Authorities and other types of subsidized housing that are required by federal law to adjust rents to reflect changes in incomes must comply with federal law and increase rents to 30 percent of a household's adjusted income if the household's income increases in the year after the first emergency rental assistance payment is received. Student Loan Forgiveness - The New York Times WebHowever, if you applied for an emergency rental assistance program in one of these 7 communities before September 2, 2021, and your landlord has already accepted the Any tenants (rent regulated or not rent regulated) who live in buildings with three or more units who believe they are being harassed may have grounds to initiate legal action in Housing Court against their building owners. View the tenant's checklist and landlord's checklist. A landlord who believes that an applicant is ineligible for ERAP should submit documentation sufficient to show that the applicant is ineligible. After George Floyds murder by Minneapolis police in 2020, Black students seeking a nurturing environment and a sense of belonging flocked to historically Black A subtenant, roommate or relative who has lived in the apartment for at least thirty days (even if the person is not on the lease and has not made any direct payments to the landlord). Application assistance services are also available to landlords, tenants, and their assigned designees through the ERAP Call Center at 844-NY1-RENT (844-691-7368).

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