MELS UPDATE: COVID-19 EVICTION PROTECTION AND RENT HARDSHIP
●Executive Order No. 202.8, signed on March 20, 2020, bars all evictions and foreclosures in New York State through June 18, 2020.
●Executive Order No. 202.28, signed on May 7, 2020, allows tenants impacted by COVID-19 to temporarily use their security deposit toward their rent obligations, bars landlords from charging late fees between March 20 and August 20, 2020 and stays foreclosures and evictions for non-payment of rent against persons impacted by COVID-19 for an additional 60 days from June 20, 2020 to August 19, 2020.
COVID-19 FINANCIAL HARDSHIP SECURITY DEPOSIT OPTION
Under Executive Order No. 202.28, landlords and residential tenants may enter into a written agreement by which the security deposit and any interest on the deposit can be used to pay rent that is due or will become due. This agreement can be executed by e-mail.
Any tenant who requests this relief is eligible for it if they are eligible for unemployment insurance or benefits under state or federal law or are otherwise facing financial hardship due to the COVID-19 pandemic.
It is the tenant’s option to enter into such an agreement and landlords shall not harass, threaten or engage in any harmful act to compel such agreement. However, any security deposit used as a payment of rent must be replenished by the tenant at the rate of 1/12 the amount used as rent per month.
The payments to replenish the security deposit shall become due and owing no less than 90 days from the date of the use of the security deposit as rent.
COVID-19 FINANCIAL HARDSHIP EVICTION PROTECTION
LATE FEES BARRED
Executive Order No. 202.48, no landlord is entitled to or should ask for any fee or charge for late payment of rent occurring between March 20, 2020 and August 20, 2020.