New York State has enacted a number of temporary emergency measures designed to assist individuals who are financially suffering during this time. For individuals who are having financial difficulties, New York has launched a new web-based application to assist them in locating public benefits that could help. Please visit https://findservices.ny.gov/app/survey, answer a few short questions, and the app will generate a list of services for which you might qualify based on your answers. The app will also direct you to where and how you should apply for these services.
New York State’s Department of Financial Services has enacted protections for insurance policy holders (auto, home, renters, etc.) who have difficulty paying premiums due to COVID-related financial hardships. These regulations include waiver of late fees for premiums and prohibitions on submitting negative information to credit reporting bureaus for late or missed payments. Additionally, if an individual can show that they are unable to pay a premium due to a COVID-related hardship, they are eligible to repay that amount over a 12-month period rather than having to pay the entire amount all at once. Individuals interested in this relief should contact their insurance carriers for more information.
New York has created waivers and special eligibility protections for public assistance for people who are affected by COVID-19. This includes cash assistance from the Temporary Assistance, Family Assistance and Safety Net programs, Medicaid health insurance, and SNAP (food stamp) benefits. To apply for these programs, please contact your local Department of Social Services (DSS) office by phone or electronically (see section on status of government offices for contact information). Alternatively, you can apply for benefits online here: https://otda.ny.gov/programs/applications/2921.pdf. Individuals applying for HEAP benefits may do so at their local HEAP office. Contact information for HEAP offices can be found at https://otda.ny.gov/programs/heap/contacts/. Additionally, individuals who lose their health insurance through job loss can apply for health insurance on NY State of Health (including private plans and Medicaid benefits, if qualified) at any time, not just during the special enrollment period. NY has extended the special enrollment period for people to purchase health insurance for any reason through December 31, 2020.
New York State has also enacted a number of protections to ensure that people will have access to basic services during the outbreak. If you have trouble paying your utility bills (water, electricity, or heating fuel of any kind), contact your utility provider. You may be eligible for a grace period of up to 180 days before any shutoff or interruption of service. Additionally, your utility provider may be able to work out a payment plan to make your payments more affordable and minimize the amount of back-payments that become due as more time passes.
Landlords are also prohibited by NYS law from engaging in any “self help” eviction methods, such as locking a tenant out of their property, removing the tenant’s belongings from the property, or disconnecting utility services, as a result of your failure to pay rent. The prohibition on self-help eviction methods is permanent in New York. As of June 22, 2020, evictions for residential and commercial tenants for reasons other than nonpayment of rent are allowed to be filed by e-filing or by mail. However, these filings must include a statement from the attorney that he/she has reviewed all current state and federal laws, emergency declarations, executive orders, and other regulations regarding evictions during COVID-19 and believes in good faith that this eviction is allowed to go forward. It also must include a form notice to tenants in English and in Spanish informing them that they may be entitled to additional time to respond to the eviction filing due to the COVID-19 pandemic. This form notice contains a phone number and website that tenants may consult for additional information. This form notice is published by the NYS court system, and has separate versions for NYC and non-NYC eviction proceedings.
On July 1, 2020, a new law went into effect in NYS that prohibited judges from granting evictions at any point during the COVID emergency (defined as between March 7, 2020 and the time at which all restrictions on business operation, capacity, and non-essential gatherings are lifted in that county) against tenants or other lawful occupants for nonpayment of rent if the tenant is suffering a COVID-related financial hardship. This law considers several factors in determining whether a tenant or occupant has a financial hardship. These factors include the difference between the tenant/occupant’s pre-COVID and current income levels, whether the tenant/occupant qualifies for unemployment or public assistance, whether the tenant/occupant has liquid assets (cash or savings), and any other factor that the judge deems relevant. If your landlord serves you with an eviction notice and you feel that you are suffering a financial hardship, you should raise the financial hardship as a defense at the court hearing. You may also want to inform your landlord (or their attorney, if one is listed on the eviction notice) that you have a financial hardship to see if other arrangements can be made. Keep in mind that many courts are not scheduling hearings for evictions at this time, and your landlord cannot legally remove you from the premises without holding a court hearing, so you do not have to leave your home until a judge orders it. Additionally, the CDC has ordered that no evictions for nonpayment of rent may take place anywhere in the United States until at least December 31, 2020, in order to reduce the spread of COVID-19, subject to certain restrictions. In order to qualify for relief under the CDC eviction protection, you must meet income requirements and present your landlord with a written form. The form is available at https://www.cdc.gov/coronavirus/2019-ncov/downloads/declaration-form.pdf. This does not mean that you do not have to pay rent, or that your rent will be forgiven for the months you do not pay it – under current law, any unpaid rent will need to be paid back eventually. Under the law, you’re only protected from being physically removed from your home by your landlord for nonpayment of rent.
Landlords are prohibited from charging late fees for rent that is not paid for any rent due dates that fall between March 20, 2020 and August 20, 2020. Tenants may also use their security deposit to pay back rent, and will be allowed to repay the deposit over time. If you wish to use your security deposit for this purpose, it must be by written agreement (paper or email). The repayment of the security deposit will be in monthly payments of 1/12th the amount of the security deposit until it is repaid in full, and these payments cannot become due and owing for at least 90 days after the security deposit is used toward back rent. Further, if your landlord’s mortgage on a rental property is Federally-backed (including HUD, Fannie Mae, Freddie Mac, rural program vouchers, or VAWA programs), the landlord is prevented from commencing eviction proceedings against you for 120 days from the date on which the Federal CARES Act (stimulus program) was enacted (March 27).
Residential mortgage foreclosure proceedings may be filed in state courts by e-filing or mail filing. New mortgage foreclosure actions must contain a statement from the attorney that the attorney has reviewed all applicable state/Federal laws and believes that the foreclosure is permissible, and must contain a form notice in English and Spanish notifying the borrower that they have additional time to file. These form notices are available from the New York State court website. The exceptions to the prohibition on court appearances in foreclosure actions are matters in which lenders want to sell a property that is vacant, matters that the landlords want to discontinue, and matters where both parties are represented by counsel. In actions where both parties have attorneys, these may be calendared for virtual settlement conferences only. Individuals experiencing a financial hardship related to COVID-19 can ask for a 12-month forbearance on mortgage payments from all federally-guaranteed mortgage programs (HUD, FHA, Fannie Mae and Freddie Mac). You do not need to be diagnosed with COVID-19 to qualify; a hardship such as losing your job will qualify for this program. During this forbearance period, lenders are not allowed to report changes in status or nonpayment to credit reporting agencies. They are also not allowed to accrue late fees during this period, and must work with borrowers to establish an affordable repayment plan once the forbearance ends. Mortgage borrowers who are interested in a forbearance or other hardship relief should contact their mortgage servicer (the company that they communicate with most often, usually the one to which they send payments). Even if a mortgage action is pending, courts are prohibited from conducting auctions of foreclosed properties until at least October 15. Individuals facing foreclosure are not required to leave their homes until after the auction has been completed.
If your driver’s license, non-driver ID, or vehicle registration is set to expire after March 1, the DMV has suspended the expiration of these documents through November 3, 2020. You can still renew them online if possible or by appointment if your local DMV is open. Many DMV offices are accepting appointments for services as New York continues to reopen. If your motor vehicle inspection expired on March 1 or later, the expiration date has been extended through November 3, 2020.