On August 12, the US Supreme Court issued an injunction, which immediately suspends the tenant protections in the Covid-19 Emergency Eviction and Foreclosure Act (CEEFPA). CEEFPA is the New York State law that provided the strongest eviction protections for tenants across the state. The court decision 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 tenants can no longer fill out a hardship declaration for protection. This is an absolutely outrageous decision, prioritizing private property and profit over the lives of hundreds of thousands of tenants. It's especially devastating as NYers fight the onslaught of the pandemic.
For more information about what this means and your current rights during COVID, please read our FAQ. You can also watch a 30 minute video from a recent town hall about the SCOTUS decision, your rights and how to fight back and you can read through the slide show presentation.
This Supreme Court decision does NOT prevent our Albany legislators from enacting strong (and constitutional) eviction protections. We are fighting back and demanding that Albany acts immediately to create a strong eviction moratorium until June 2022. Join Us!
- Sign the petition to demand the state extend the Eviction Protections until at least June, 2022!
- CALL YOUR State Legislator to demand they go back to session!
- Join an upcoming action to make your voices heard!
We are also fighting for longterm solutions. It's never been more clear that all TENANTS across NYS need Right to Counsel, NOW! Join us to demand the state invest in long term systemic solutions!
While this was a devastating blow, DO NOT SELF EVICT - there are still steps your landlord must take and there are still ways you can defend your home. In addition, there are still some COVID-Related Eviction protections that may apply to you.
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The federal Center for Disease Control (CDC) Moratorium protects some tenants - see our full CDC FAQ. The CDC Moratorium prevents landlords from evicting tenants who live in counties with high COVID transmission rates (for now this is ALL OF NYC) for nonpayment of rent. To get this protection, tenants must submit a sworn declaration admitting that they owe rent but saying they have suffered COVID-related financial hardship, have tried to get government assistance (including ERAP), and would be homeless if they are evicted. The protection from eviction lasts until October 3, 2021. Read our FULL FAQ on the CDC Moratorium: English | Spanish
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Emergency Rental Assistance Program (ERAP). If you apply to this program, your eviction case cannot move forward and your landlord is not allowed to start a new eviction case.
More info and resources:
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Application: https://otda.ny.gov/ERAP
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RENTAL ASSISTANCE APPLICATION HOTLINE: 1-844-NY1-RENT (1-844-691-7368)
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List of what you need to apply
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Video on how to apply
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The NY State Tenant Safe Harbor Act also provides protections against eviction for rent arrears from March 2020 until COVID-restrictions were lifted. If you are in court for nonpayment, you can raise covid related hardships as a defense in your case. While landlords may not be able to evict for this money owed, they can get money judgments in court.
We've won incredible things together over the last year and a half, in the face of unprecedented challenges. We are resilient. We can and must fight back.
If you want to get more involved in the movement, reach out to a tenant organizing group near you! Here is a list of Tenant Organizing Groups Across NY State: English | Spanish
See you on the streets!
