COVID-19 Tenant Know Your Rights
Tenants across the city, state and country have fought and won a special set of rights and protections during the COVD-19 crisis. While we desperately need to exercise our power to win more rights and protections (e.g., rent cancellation/house the homeless), it is important to know what special protections we currently have in order to protect our housing and leverage our tenant power.
New York State Eviction Moratorium Protects Rochester’s Tenants
Tenants who have experienced a hardship related to the pandemic are protected from eviction until at least January 15, 2022
You can delay your eviction if you filing hardship declaration form with your Landlord or the Rochester City Court Clerk which affirms your hardship. Hardship is defined by the law and the form as follows….
cannot pay rent or find alternative housing due to financial hardship because of lost income or increased expenses, AND government assistance has not made up for the lost income or increased expenses. OR
have an underlying condition (or someone in your household), which would make moving to a new home a significant health risk.
for more info, see the most recent Eviction Moratorium Bill signed into law on September 2, 2021 — See Chapter 417 of the Laws of 2021 [Bills No. A40001/S50001]) and NYS Courts Administrative Order 261/21
New York State Tenant Safe Harbor Act Protects Rochester’s Tenants
In addition to the NYS Moratorium Law (above) tenants cannot be evicted for nonpayment of rent due to a financial hardship (that became due starting March 7, 2020) until at least January 15, 2021. Tenants must appear in court to use this defense. (NYS Tenant Safe Harbor Act, became law June 30, 2020)
Protections Against Illegal Lock-Outs
If tenants are illegally locked out or need emergency repairs they can file an emergency case in Rochester City Court to be restored to their apartment or have their services restored. (RPAPL 768)
See also LAWNY’s iIlegal lockouts guide and the Attorney General Memo on Lock-outs
Note: Although evictions are temporarily suspended across the State, rent has not been suspended. You have the legal obligation to pay your rent unless you have an agreement with your landlord to cancel your rent (If you do, get it writing!). If you can’t/don’t pay your rent you may accrue rent owed and may be evicted for non-payment of rent when all eviction moratoriums expire (as early as January 15, 2021)