Basements and cellars are very different spaces and thus have different legal uses. Prior to that time, subletters were eligible to apply for ERAP assuming they met other eligibility requirements outlined in Question #2 above. This booklet is designed to help owners and tenants gain an understanding of the rules and regulations affecting housing, and to provide information about how to receive assistance. Payment of any rental arrears you owe will be paid directly to the landlord or property owner. Is there a cap on the amount paid to cover monthly rental arrears? Web1. As of June 14, 2019, there are new laws protecting tenants in New York State. Are electrical utility arrears for tenants who live in sub-metered apartments eligible for ERAP? General Eviction Information 2. The program provides significant economic relief to low- and moderate-income tenants and helps landlords obtain rents due. If the property ownership changes, you may still be eligible to receive ERAP benefits. What to Do in New York in July - The New York Times Please visit https://otda.ny.gov/programs/Emergency-Rental-Assistance/ for more information. Utility bills or other bills directed to you with respect to your apartment (telephone, cable, etc.). How can I find out if there is lead-based paint and what is my landlord supposed to do? I live in subsidized housing that calculates my rent as a percentage of my income, when will my application be processed? Gross income includes income before any deductions are made, including taxes. Student Loan Forgiveness - The New York Times Applications submitted after 6/30/21 will continue to be reviewed on a first-come, first-served basis. However, a landlord may enter a tenant's apartment in some situations. Households that participated in the COVID Rent Relief Program but who still have past due rent that is unpaid may be eligible for additional help through ERAP. However, arrears must be owed to the landlord or property owner and not another renter to qualify for ERAP. Yes. If a landlord is difficult to locate or does not otherwise provide information needed to complete the application after initial outreach efforts, funds will be held for 180 days to allow enough time to locate the landlord and collect required information, as well as to provide tenant protections and maximize landlord participation. What are the hours that the website will accept uploaded documents?**. For more information, please refer to DOBs website at nyc.gov/buildings. Is there anything I can do? Landlords must provide information on the amount of rent due and amount that remains unpaid by the tenant. Income of all adults in the household 18 years of age or older is counted except earned income of full-time students who are eligible to be claimed as a dependent pursuant to IRS regulations. Although applications will no longer be accepted, OTDA will continue processing applications received prior to the application portal closure on a rolling basis. Is my sublessor eligible for. The ABCs of Housing is HPD's guide to housing rules and regulations for owners and tenants. https://otda.ny.gov/programs/Emergency-Rental-Assistance/, Supplemental Nutrition Assistance Program (SNAP), For the state-funded ERAP program, from September 15, 2021 through February 14, 2022, household gross income is at or below, On or after March 13, 2020, a member of the household received unemployment benefits. Basements in one-and two-family homes can NEVER be lawfully rented or occupied for residential use unless the conditions have received approval by the Department of Buildings. Tenants may also call 311 to learn how to prevent lead poisoning, find out where to get their children tested, find information about pregnancy and lead, or request brochures and materials on lead poisoning prevention. Making Requests Finally, if your landlord refuses to accept ERAP payments, or if your landlord accepts ERAP payments but changes the terms or conditions of your residency, or neglects to make necessary repairs, they may be liable against you for discrimination because of your lawful source of income. This is called the warranty of habitability. New York State Passes New Landlord-Tenant Laws If my landlord refuses to provide information needed to complete the application or refuses to accept. In order to be eligible for ERAP, a household must have unpaid rent owed to the landlord or property management company. HPD can only issue violations if the owner fails to supply adequate heat when the outside temperature is below 55 degrees Fahrenheit. If your landlord has not been providing sufficient notice before entering your rental unit, start by making sure they are aware of the law. Yes. WebNew York State residents (both tenants and landlords) can still apply to have their rent arrears paid by the state under the Emergency Rental Assistance Program (ERAP). Landlords/property owners will receive 1099 forms for any rental assistance received pursuant to ERAP or LRAP for tax filing purposes. If you did not cause damage to the apartment, except for normal wear, the landlord should return the full amount of your deposit with interest. I think it is too high. After George Floyds murder by Minneapolis police in 2020, Black students seeking a nurturing environment and a sense of belonging flocked to historically Black Tenant Rights and Responsibilities - HPD - NYC.gov What documentation is a landlord expected to provide? If the property has mold, broken utilities, or other serious issues, the landlord will have to address them promptly. New York City landlords are legally required to provide a habitable rental property, and that generally translates to heat, hot water, and electricity. All participating communities have undertaken application assistance or partnered with community-based organizations to assist with outreach and application assistance. No. Rental assistance payments will be made directly to landlords. The familys policy with USAA doubled to $8,000 last year, and when Ms. No. A college student may be included as part of their parent or legal guardian's household if they are away at school. In circumstances where income documentation is unavailable, self-attestation through a written and signed statement of income will be accepted as proof of income/loss of income. NYC.gov Lot rental arrears can be paid through ERAP. Will my three roommates' income be counted towards my eligibility when determining if I am eligible for, I share an apartment with my friend. Try to find a reasonable Landlords cannot charge application fees. As a tenant, you have the right to a livable, safe and clean apartment. In some states, they are required to provide writtennot even via text or emailnotice unless the tenant has agreed to the latter form of communication. Registration on or use of this site constitutes acceptance of our Terms of Service. The Fair Housing Act states that any form of discrimination based on race, disability, color, religion, national origin, gender, sexual orientation, or familial status is illegal. Self-attestation of income, through a written and signed statement, is permitted in certain circumstances where no documentation is available, such as certain types of self-employment. View the list of community-based organizations available to help tenants and landlords. As of 9:00 pm EST on January 20, 2023, ERAP applications are no longer being accepted. If a tenant lives in a building with 20 or fewer units, but the owner of the property owns multiple buildings with more than 20 units, does that applicant qualify for priority? My landlord keeps threatening to kick me out. Individuals residing within and outside Tribal lands may also apply for the ERAP program where they live. Tenants in New York State may be eligible for ERAP if all the following apply: There are no immigration status requirements to qualify for the program. Landlords can also call the ERAP Call Center to obtain contact information for their local organization. This may result in an increase in their monthly rent payment. Click a topic, or press the enter key on a topic, to reveal its answer. The timeframe it takes to process an ERAP application will vary based upon the completeness of the application, by both the tenant and landlord, and all the correct documentation being submitted. If you did cause damage, the landlord must provide you with an itemized statement indicating the basis for any amount retianed and the balance of the remaining deposit within fourteen days of vacating the apartment. To be eligible for ERAP, a household must be at risk of experiencing homelessness or housing instability, which can be demonstrated by having rental arrears owed on or after March 13, 2020. Once you have been provisionally approved to receive help under ERAP, you cannot be evicted because your lease has expired, or because you did not pay rent during the COVID-19 Pandemic. An appeal asks a higher court to decide if the judge was wrong. Let him or her know that if the repairs are not completed, you will have to file a complaint. If you don't know the status of your apartment, you can call DHCR at 718-739-6400 or access your apartment's rental history. If youre considering living with private owners renting a room out, know that one of the rules for renting is that bedrooms must have a window or exterior door. If a tenant owes rental arrears from before March 13, 2020, or does not pay rent in the future, a landlord can begin an eviction proceeding. Is currently unemployed for at least 90 days; or, Is experiencing domestic violence or is a survivor of human trafficking; or, Has an eviction case related to their current residence pending in court; or, Lives in a community that was disproportionately impacted by. Can I apply for other rental assistance while being assisted with ERAP? What if I move from my apartment after I apply for. Yes. For what time period is my household income counted to determine if I am eligible for. Even if your landlord does not submit documents or information necessary to complete your application, you cannot be evicted during the year following the date of your provisional approval because your lease has expired, or because you did not pay rent during the COVID-19 Pandemic. For the first 30 days of the program, from 6/1/216/30/21, priority was given to households in the following order: Applications submitted and received through June 30, 2022 continue to be reviewed and paid. The property owner or authorized property management company will be required to sign the application form and associated certifications agreeing that the information provided, including the amount of rental arrears owed, is accurate and does not duplicate a payment received from another program. Landlords Face Uphill Battle Evicting Tenants During Covid To avoid Covid-related evictions, tenants need only sign the CDCs Covid declaration form. A landlord may seek to evict a tenant or occupant that intentionally causes significant damage to the landlord's property or is persistently and unreasonably engaging in nuisance behavior that substantially infringes on the use and enjoyment of other tenants or occupants or causes a substantial safety hazard to others. Tenants may want to consult with and secure the services of an attorney before initiating any lawsuit. Building owners also must ensure that tenants have hot water 24 hours a day, 365 days a year, at a minimum constant temperature of 120 degrees Fahrenheit. Introduced that same week at SXSW, the scrappy lower Applicants in this situation or who believe they have received the incorrect amount may submit an appeal or contact the ERAP Call Center for assistance with submitting an appeal. What are examples of financial hardship experienced due to the. New York State residents outside of New York City who do not need help paying for rental arrears and only need help paying for utility costs should apply for the Home Energy Assistance Program (HEAP) at www.myBenefits.ny.gov. **, Are those types of subsidized housing that are required to charge rents at 30% of tenants' adjusted incomes allowed to raise my rent if they accept an. City of New York. Once you move from the apartment listed on your application, you cannot transfer the ERAP rental assistance to pay your new landlord. No. The only instances that would require repayment would be if there is a determination that the application submitted was fraudulent or the application should not have been approved. WebRent control and rent stabilization are the two types of rent regulation in New York State. View the list of community-based organizations available to help tenants and landlords. In addition, the new rent laws strengthened protections for New Yorkers living in rent-controlled or rent-stabilized apartments. How do I report a utility arrears discrepancy? No. May I still submit an appeal now that the portal is closed? How do I request a reasonable accommodation due to a disability? **, I applied for ERAP but have not uploaded all my documents. As of November 21, 2021, LRAP is no longer accepting applications for assistance. The rental arrears payment for any prior months of rent due will be paid to your landlord. By law, owners may not deny prospective tenants housing because of race, color, religion, nationality, gender, sexual orientation, age, marital status, disability, immigrant status, source of income, or legal occupation. What types of rental properties are eligible for assistance? Will my information be shared with ICE or immigration authorities? Nonpayment cases: The landlord claims you owe rent and is suing to collect the overdue rent and to evict you if you do not or cannot pay it. However, in most states, they are required to give proper notice before executing an eviction. Am I eligible for, If I share an apartment with a roommate and am not a signed party on the lease, and I pay my share of the rent to my roommate, am I eligible for, I share an apartment with three roommates, but I am the only one who has been unable to pay my share of the rent. Organizations that provide such assistance can be found by visiting our Help Applying for ERAP webpage. Tenants who move out of their residence are ineligible for ERAP assistance. Important Note Regarding Priority Application Processing. Your landlord can enter your apartment at any time and without notice in an emergency, and at a reasonable time after providing appropriate notice if the entry is either: My landlord has changed the locks on my apartment. However, as a condition of receiving an ERAP payment, a landlord must agree that the ERAP payment satisfies the tenant's full rental obligation for the time period covered by the ERAP payment. Households that participated in the COVID Rent Relief Program may be eligible for additional help through ERAP. Program administrators will contact landlords to inform them that additional information is needed based on the email or other contact information provided by the tenant. If a landlord refuses to accept an ERAP payment for rental arrears owed by a tenant, the tenant may use the provisional determination of ERAP eligibility as an affirmative defense in any proceeding brought by the landlord during the subsequent year for a monetary judgment or an order of eviction based on a holdover tenancy or expired lease, or the nonpayment of rent that would have been covered by the payment. WebState law prohibits landlords from rejecting applicants to rental housing based on pending or past landlord-tenant actions. What if a tenant has completed the application as needed, but the landlord has not provided their information? You also should take the documents with you whenever you leave your apartment so that you can establish to the Police Department and/or the Court that you are the lawful occupant. a Family Member Hotel or Motel rentals, if the household can demonstrate a weekly or monthly rental agreement; Manufactured home or manufactured home lot rental. Keep a record of all of your attempts to get the landlord to make repairs, as this will be useful in court. An award letter will be provided to both the tenant and landlord detailing the amounts paid either via email or postal mail. The property owner/property manager will be responsible for completing the landlord portion of the application. They must fix environmental hazards or hazards that could cause accidents and injuries. An apartment not subject to these regulations is considered unregulated. An individual tenants rights will depend, in part, upon which regulations apply, although some apartments may fall under more than one category. For example, if a tenant is receiving benefits from the Housing Choice Voucher Program (Section 8), or resides in public housing, their rent payment remains based on their income and is subject to annual recalculation. You may not be evicted because you failed to pay rent during the time period covered by the ERAP payment that the landlord refused to accept, which includes the period for which rental arrears would be paid, as well as the period for which any prospective (future) rental assistance would be paid as outlined in your provisional approval notice. Yes, with the exception of service animals, a landlord has the right to forbid their tenants from having animals in their rental unit. See Question #2 under Benefits Available and Who is Eligible for more information regarding prioritization. Furthermore, tenants may not be denied housing because children may or will be residing with them. Monroe County (including City of Rochester) May 31, 2022, To waive any late fees due on any rental arrears covered by the, To not increase the monthly rental amount above the monthly amount due at the time of application for, Your application was denied, and you disagree with the reason for the denial, or you think you are eligible for, Prospective rent is needed and you haven't already received the maximum amount of prospective rent (3 months), You received a notice adjusting the amount approved and you disagree with the new adjusted amount, A previous appeal for rental arrears was approved and you disagree with the new adjusted amount, You have accumulated additional arrears since receiving assistance through ERAP, You already received the maximum of 12 months of arrears assistance through ERAP, Households living within New York City can dial 3-1-1 to be provided with a directory of resources available or contact the Human Resources Administration (HRA) directly at, Households living outside of New York City can dial 2-1-1 or contact their local, To not evict the household on behalf of whom the. Securing affordable homeowners insurance, however, has become a challenge. Once the tenants move out, landlords can withhold some or all of the security deposit to cover necessary repairs, such as fixing something that was broken by the tenant. No. Tenant applicants may choose to submit documentation indicating current monthly income or calendar year 2020 income. Once an application for ERAP has been submitted, applicants can track their application status by either logging into their tenant account or clicking onto the Check Application Status" link on the ERAP website. If tenants or occupants want window guards for any reason, even if there are no resident children 10 years of age or younger, the tenant can request the window guards in writing and the landlord must install them. My roommate has been able to pay their portion of the rent since March 13, 2020, but I have not been able to pay all my rent. If I have questions, who should I contact? Keep in mind that landlord tenant law provisions can vary by state, so before renting to or from someone, read up on the local landlord and tenant laws in your state. Yes, you may still appeal a decision made on your ERAP application and upload documentation to support your appeal. Providing a complete application with all required documentation from the tenant and landlord will speed the processing of the application. 1. 2. Owners must register the property annually with HPD, if the building is rent-stabilized the owner must registered rents annually with the New York State Homes and Community Renewal and the owner must be in compliance with the New York City Housing Maintenance Code and New York State Multiple Dwelling Law. Ten tenant rights your landlord doesn Seven jurisdictions that received funding for emergency rental assistance directly from the federal government initially opted to run their own programs. No. Volunteer with Wicked at Flushing Meadows Corona Park (July 9, 10 a.m.) Join the Broadway Green Alliance in celebrating the show Wicked and cleaning up a A listing of Tribal nations that received their own ERAP funding, is available at the following link: https://home.treasury.gov/system/files/136/Payments-to-Tribes-and-TDHEs.pdf. Are college students eligible for rental assistance through ERAP? View the tenant's checklist and landlord's checklist. Visit Fair Housing NYCfor more information. You should send the letter to the owner and management company by certified mail and keep a copy for your records. Try to work it out: In the end, even paying a renter or nonpaying guest to go away might be faster and cheaper than trying to evict him. No. Yes. Inside the guide you will find information about owners' and tenants' rights and responsibilities, staying in your apartment safely, resources for new affordable housing or rental assistance, and useful contact information for other housing related issues. No. The applicant was required to show evidence of a rental obligation which may include a previously signed sublease or demonstrated history of rental payments in the form of cancelled checks or bank statements. What income is included when determining my household income for ERAP? Landlord If you have a lease, the legal rent is what it states in the lease and can be raised only as permitted by the lease or at the expiration of the lease. Where a landlord returns an ERAP payment, the tenant can use the provisional determination of ERAP eligibility as an affirmative defense in any proceeding brought by the landlord during the subsequent year for a monetary judgment or an order of eviction based on a holdover tenancy or expired lease, or the nonpayment of rent that would have been covered by the payment. If a tenant passes away before an application decision has been reached, landlords, proxies, or family members should contact the ERAP Call Center at 1-844-NY1-RENT (1-844-691-7368) and inform the operator of the situation to further assist. Residential Tenants Rights Guide | New York State Where a landlord in a community participating in the State's ERAP program fails or refuses to provide information needed to make a rental arrears payment to the landlord on behalf of a tenant after reasonable efforts (including outreach) as provided for under State law, the amount of rental assistance that the landlord would have been paid is set aside for at least 180 days so that the landlord may submit the required information. During the review process, applications and eligible payment amounts will be determined by the accompanying documentation. If your ERAP application or appeal is denied and you still owe rental arrears or are facing eviction, you can contact your Local Department of Social Services for help applying for emergency assistance. in New York If the property owner, managing agent or superintendent does not respond, write a letter that describes the problems in your apartment and asks for the repairs to be made by a certain date. Self-attestation is acceptable in circumstances where no other forms of documentation are available. NEW YORK New York Attorney General Letitia James today issued guidance to New Yorkers highlighting how to navigate tenant issues related ERAP will, for most eligible households, cover the full amount of rental arrears for up to 12 months since March 13, 2020. As a landlord, can I apply on behalf of my tenant?**. I was not able to pay my monthly rent, so my friend paid the landlord on my behalf. What if I am having trouble logging into my, How long will it take before a landlord receives payment after being notified that a tenant is eligible for help through. If you share an apartment with a roommate and pay your share of the rent directly to the landlord or property owner, the landlord or property owner must agree to the following terms as a condition of accepting a rental arrears payment: Yes. If the property owner/landlord has not been paid, the current sublessee resident was able to apply for ERAP assistance. Households residing in those localities who have incomes up to 80 percent AMI should apply directly to those localities for assistance. Any future rental payments that you may be eligible for will also be made to your landlord and will be applied towards your rent for months you have not yet paid or fully paid. New York Yes, income of all adults in the household over 18 years of age is counted except earned income of full-time students who are eligible to be claimed as a dependent pursuant to IRS regulations. If I share an apartment with a roommate and receive help through ERAP, can the landlord or property owner evict me? Read on to learn more about some of the laws that landlords must follow when renting their property. Most states have laws in place requiring landlords to provide their tenants with a minimum of 24 hours notice before they enter the property. If a landlord does not respond, can the rental payments be made to tenants? WebHowever, if you applied for an emergency rental assistance program in one of these 7 communities before September 2, 2021, and your landlord has already accepted the You may contact the New York State Division of Human Rights, or, if you are a New York City resident, the New York City Commission on Human Rights, if you believe you are being discriminated against because of your eligibility or use of ERAP. Do I need to repay assistance provided through ERAP? Additionally, any landlords will be contacted at least three (3) times to let them know that additional information is needed based on the email/contact information provided by the tenant. Landlord insurance is not required when renting a property. We may earn revenue from the products available on this page and participate in affiliate programs. Heat is required between October 1st and May 31st, a period designated as "Heat Season." SOURCE OF INCOME DISCRIMINATION A TENANT New York landlords are prohibited by state law from charging application fees that exceed the actual cost of conducting a background check and credit check. Once your application is submitted, you cannot make changes to it without calling the ERAP Call Center at 1-844-NY1-RENT (1-844-691-7368). Tenant's Abandoned Property Households can contact their public housing agency to request an interim recertification. You can show the notice to your landlord, and to the Court if your landlord starts a proceeding in Court to evict you because your lease expired, you are a holdover tenant, or because you were unable to pay rent that would be eligible for coverage under ERAP. Yes, the landlord must paint occupied apartments in multiple dwellings (buildings with three or more apartments) every three years. Building owners are required to provide tenants with heat during these months under the following conditions: These is peeling paint in my apartment and I have a child under 6. Building owners are prohibited by law from harassing tenants to force them out of their apartments. Whether you are looking to rent an apartment or considering buying a rental property, it is essential to know what landlords are and are not allowed to do. DHCR can also answer any questions about whether the amount of the increase is too high.