Temporary eviction moratorium in New York State extended to August 20

Posted at 6:23 PM, Apr 02, 2020
and last updated 2020-05-07 12:01:34-04

BUFFALO, N.Y. (WKBW) — Governor Andrew Cuomo has issued an order stopping all evictions. Wondering how this affects you? Here are some answers.

Can I be evicted if I can’t pay rent?

No, Governor Andrew Cuomo’s initial order stopped all evictions through June 20. On Thursday, May 7, Governor Cuomo extended that order through August 20.

What if I was behind on rent, or my lease ended before the order was issued March 20?

All court proceedings that were in progress have been automatically suspended. You cannot be forced from your home until August.

Can my landlord file an eviction case that will go into effect when the moratorium is lifted?

No. The Governor filed an executive order that closed a loophole for landlords to do this during the eviction moratorium. No new cases can be filed during this time.

Do I still have to pay rent, even if I can’t be evicted?

Yes. If you can pay — pay. Don’t get behind on your payments because the Governor has not suspended payments, he has only stopped evictions.

What do I do if my landlord still threatens to evict me?

Know your rights. This kind of threat is illegal at this time. You cannot be kicked out of your home and your utilities cannot be shut off. If this is happening or a landlord shows up you should call the authorities and explain what is going on.

What happens after August 20?

That’s where it get’s tricky.

“Let’s see where we are after 90 days,” he said when asked about it April 2. “So much of this is changing and fluid. I don’t think anyone can sit here and tell you what the right plan is 90 days from now. I just want to get to 90 days from now, and get there healthy, and then we’ll handle whatever we have to handle.”

On May 7, the governor provided more specifics. After August 20, landlords will not be able to charge late fees on rent that wasn't paid while the order was in effect. In addition, renters who have faced financial hardship due to the pandemic will be permitted to use their security deposit as payment to their landlord, then repay their security deposit over time.