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1/ Last week, the rules around evictions in NYC changed *again.* This time, specifically for people with nonpayment cases.
So for this week’s rent update, we’re breaking down what these changes mean for renters:
So for this week’s rent update, we’re breaking down what these changes mean for renters:
2/ First, an evergreen reminder: While it’s true that eviction cases are starting to work their way through Housing Court, just because a landlord tells you to move out does NOT necessarily mean you’re being evicted.
Evictions have to go through an *official process* in court.
Evictions have to go through an *official process* in court.
3/ OK, back to the update: The rules for what tenants have to do when sued by their landlord for *not paying rent* during the pandemic have been pretty darn confusing... and constantly changing.
Last week was no different.
Last week was no different.
4/ First an executive order expired…
https://www.law360.com/newyork/articles/1324363/nyc-tenant-attys-urge-state-courts-to-prevent-default-spike
...and then a new one was issued… https://www.curbed.com/2020/11/nyc-cuomo-eviction-order-election-night.html
https://www.law360.com/newyork/articles/1324363/nyc-tenant-attys-urge-state-courts-to-prevent-default-spike
...and then a new one was issued… https://www.curbed.com/2020/11/nyc-cuomo-eviction-order-election-night.html
5/ But here’s the bottom line: If your landlord has filed a petition for eviction against you for nonpayment anytime *starting* June 22, 2020 (when Housing Court reopened), you DO need to answer that petition, even if the court or your landlord has told you otherwise.
6/ If you don’t answer that petition, you could lose your eviction case without ever having your day in court due to what is called a default judgment.
https://buff.ly/3piN1ds
https://buff.ly/3piN1ds
7/ You can answer the petition by calling the courts or go to Housing Court in person. You should call the number associated w/ the borough where you received the petition.
BK: 347-404-9201
BX: 718-466-3000
Man: 646-386-5505
QNS: 718-262-7300
S.I.: 718-676-8455
BK: 347-404-9201
BX: 718-466-3000
Man: 646-386-5505
QNS: 718-262-7300
S.I.: 718-676-8455
8/ To understand what you need to do if your landlord is trying to evict you for not paying rent, call 311 & ask for the tenant helpline. You can also connect with a tenant union.
Here's a list of resources: https://docs.google.com/document/d/1CaPtihucylg54iACHYcQm9IfexpB_vxXZFFOrF7RB-w/edit?usp=sharing
Here's a list of resources: https://docs.google.com/document/d/1CaPtihucylg54iACHYcQm9IfexpB_vxXZFFOrF7RB-w/edit?usp=sharing
9/ The governor’s new executive order requires tenants to answer these petitions, but the amount of time you have depends on when your landlord filed the petition.
Confusing, we know.
Confusing, we know.
10/ If that petition was filed ON or AFTER Nov. 3: You need to answer the petition WITHIN 10 DAYS.
If that petition was filed anytime BEFORE Nov. 3: you need to answer the petition by Jan. 2, 2021.
Full order executive order here: https://www.governor.ny.gov/news/no-20272-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency
If that petition was filed anytime BEFORE Nov. 3: you need to answer the petition by Jan. 2, 2021.
Full order executive order here: https://www.governor.ny.gov/news/no-20272-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency
11/ Tenants who had petitions filed against them BEFORE Nov. 3 get more time to answer because the court had previously said they would have more time due to COVID-related concerns at courthouses.
12/ This confusion led to nearly 15,000 tenants not answering their petitions, putting them at risk of automatic default starting Nov. 3. https://www.law360.com/newyork/articles/1324363/nyc-tenant-attys-urge-state-courts-to-prevent-default-spike
14/ Again, to understand what you need to do if your landlord is trying to evict you for not paying rent, you can call 311 & ask for the tenant helpline.
If there is anything you’d like to tell us related to rent, let us know. DM us or email [email protected].
If there is anything you’d like to tell us related to rent, let us know. DM us or email [email protected].
15/ If you’re facing eviction RIGHT NOW or are worried about losing your home and want to tell us about it, fill out this questionnaire: https://buff.ly/35fatjS
