U.S. Supreme Court Issues Injunction on Eviction Moratorium

This means that if you filled out a hardship declaration to delay your eviction and your case, you are no longer protected by it and your case can move forward. It also means you can no longer fill out a hardship declaration for protection.

This does NOT mean that tenants who owe rent or are facing an eviction case should move out (know as “self-eviction“). There are still many steps a landlord must take if they wish to evict, and there are still many ways tenants can defend their home. For example, NYC tenants have a Right to Counsel in eviction hearings and there are many programs of rental assistance available. If you owe rent, or have a court case but do not have a lawyer representing you, please call us! 212-962-4795

There are still COVID-Related Eviction protections for NY tenants:

• New York’s Emergency Rental Assistance Program (ERAP) –if you applied for ERAP your landlord cannot start a new eviction case against you and any current eviction case will be paused while you wait for your ERAP application to be processed.

• The Tenant Safe Harbor Act allows tenants to raise COVID related financial hardship as a defense in their non-payment cases, if they are sued for money owed between March 7, 2020 and the date all COVID-19 restrictions were lifted. Tenants have to show in court that they were hurt financially by COVID-19. If the court decides the tenant proved their financial hardship, then landlords can’t evict for this money owed. But they can still start eviction cases and get money judgments in court.

 What if the a Sherrif’s/Marshal’s Lockout Notice or Warrant Has already been issued?

In NYC, you should get in contact with a lawyer asap by calling Housing Court Answers at 212-962-4795. Do not self-evict – there are still steps your landlord must take and there are still ways you can defend your home. 

Outside of NYC, if you have a pending eviction notice, please call the agency listed on the warrant (i.e. County Sheriffs) to find out if your eviction has been rescheduled.

 – I have an upcoming court date for my eviction case, what should I do?

For NYC tenants, the Right to Counsel law means you should be able to get a lawyer for your court date. Call Housing Court Answers at 212-962-4795 for a referral to a free legal service provider.

In areas outside of NYC, especially in areas without separate courts for housing, you should call the court to confirm if your date has been scheduled. For more information, call your local tenant organization or 833-503-0447 for assistance. 

– I am an NYC tenant and I have an upcoming court date for an emergency. What should I do?

Your hearing will go forward if you have a hearing for an illegal lockout or emergency housing conditions. You should try to get connected to a legal service provider (or call Housing Court Answers at 212-962-4795). Your hearing will be in a special court room and you will be able to appear by remote video or in person, if that is your choice.

– What if I can’t pay my rent?

You are not alone. Over a million New Yorkers cannot pay rent. NYS now has a rental relief program, the Emergency Rental Assistance Program (ERAP): 

What if my landlord locks me out illegally?

If you are a NYC tenant, you can file at an emergency court room to be let back into your home. Call Housing Court Answers at 212-962-4795 for a referral to a free legal service provider.

If you are a tenant outside of NYC, please call your local legal services organization and active tenants union/tenant organization as soon as possible after the lockout.

All tenants, see a list of tenant organizing groups across the city and state

 – How can I get more information? 

  • In NYC, call Housing Court Answers, 9am-5pm, Monday-Friday: 212-962-4795 or 718-557-1379. Calls are answered directly in Spanish, English and French, and interpreters are used for all other languages through the LanguageLine translation service (HCA’s hotline will be closed on 8/20/21 for their annual retreat).
  • Statewide hotline: 833-503-0447, open 24/7. Press They will soon be able to answer questions in all languages with interpreters.  This is a referral line only — hotline workers aren’t able to answer specific legal questions, but they will be able to direct you to the courts, clerks offices and other resources in your region. If you don’t get through the first time, keep trying!  
  • In the Capital District and in Upstate NY, you can call United Tenants of Albany’s Housing Hotline, 9am-5pm Monday-Friday at (518) 436-8997, ext. 3 for referrals and guidance about your housing questions. For speakers of languages other than English, interpreting services are available through LanguageLine. 

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