NY Commercial Eviction Moratorium Extended Again

Buffalo landlord/tenant attorney Robert Friedman discusses the COVID-19 pandemic commercial eviction moratorium extension thorough January 1, 2021.



Good Morning. I am Bob Friedman, Attorney with Friedman & Ranzenhofer, PC. Welcome to the October 21, 2020 edition of the Legal Survival Channel: Today’s Legal News You Can Use.

We have been providing updates on the various pandemic eviction moratoriums on our Covid-19 Landlord Legal Survival page and the Legal Survival ® channel.

New York Governor Andrew M. Cuomo signed an Executive Order yesterday extending the state’s moratorium on COVID-related commercial evictions and foreclosures through January 1, 2021. 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.

“The health and economic impacts of this pandemic have been devastating, and we are continuing to do everything we can to support people who are suffering,” Governor Cuomo said. “We are going to extend the commercial eviction and foreclosure moratorium through January 1st. That will now align with our residential eviction moratorium so they are both extended to the same date.”

Governor Cuomo first announced a New York State moratorium on residential and commercial evictions on March 20, 2020 for a period of 90 days to ensure no tenant was evicted during the height of the public health emergency. The commercial eviction and foreclosure moratorium was extended through August 20, September 20 (Link Executive Order (“EO”) 202.57 ) and October 20, 2020 by Executive Order.

In addition:

1) The Tenant Safe Harbor Act (“TSHA”) of June 30, 2020 immediately extended the eviction moratorium for tenants until the Emergency expires. The TSHA prohibits courts from evicting residential tenants who experienced financial hardship for nonpayment of rent that accrues or becomes due during the COVID-19 State of Emergency. It applies to any unpaid rent accrued between March 7, 2020 and the yet-to-be-determined date on which all COVID-related restrictions on non-essential gatherings and businesses are lifted. The Executive Order also extends the protections of the TSHA to eviction warrants that existed prior to the start of the pandemic.

2) Financial assistance is available to residential renters to provide relief during the public health emergency.

3) Protections for residential renters from charges for late payment of rent.

4) Residential tenants are authorized to use security deposits to pay rent.

There are also these nationwide eviction moratoriums:

1) The U.S. Centers for Disease Control and Prevention issued a nationwide order (“Order”) temporarily halting millions of potential evictions through December 31, 2020 .For protection under the Order, each adult listed on the lease, rental agreement, or housing contract must provide a declaration form to the landlord stating that they meet the hardship criteria required by the Order.

2) The Department of Housing and Urban Development also extended an eviction ban on properties with mortgages backed by the Federal Housing Administration through December 31, 2020.

A New York landlord’s ability to evict a tenant will depend on whether:

* the property is commercial or residential ;

* the eviction grounds are nonpayment or holdover.

* the tenant is suffering financial hardship;

* the time period for which the rent was due;

* the court is accepting filing of the notice of petition and petition; and/or

* the property mortgage is backed by Fannie Mae or Freddie Mac.

For further information on evictions and future changes, see our Covid-19 Landlord Legal Survival page or call us at 716.542.5444.

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