New York Extends Moratorium on COVID-Related Residential Evictions Until January 1

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New York State’s Tenant Safe Harbor Act will be expanded until January 1, 2021 to protect additional residential tenants from eviction if they are suffering financial hardship during the COVID-19 public health emergency. The Executive Order from Gov. Andrew M. Cuomo extends the protections of the Tenant Safe Harbor Act to eviction warrants that existed prior to the start of the pandemic.

Cuomo first announced a State moratorium on residential and commercial evictions on March 20 to ensure no tenant was evicted during the height of the public health emergency. The Governor signed the Tenant Safe Harbor Act on June 30 which became effective immediately as well as additional legislation providing financial assistance to residential renters and landlords.

Additionally, previous Executive Orders have prohibited charges or fees for late rent payments, and tenants facing financial hardship can still use their security deposit as payment and repay their security deposit over time.

Earlier this month, the State’s moratorium on COVID-related commercial evictions and foreclosures was extended by Governor Cuomo by Executive Order, until October 20th. This measure extends protections already in place for commercial tenants and mortgagors in recognition of the financial toll the pandemic has taken on business owners, including retail establishments and restaurants. The extension of this protection gives commercial tenants and mortgagors additional time to get back on their feet and catch up on rent or their mortgage, or to renegotiate their lease terms to avoid foreclosure moving forward.