Eviction Cases Can Proceed For Tenants Who Didn’t File Hardship Forms During Pause


Fewer than 9,000 New York Metropolis tenants have filed varieties by Friday morning with the housing court docket system looking for to postpone any evictions till Could 1st because of COVID-19-related troubles, in response to figures by the Workplace of Court docket Administration (OCA).

The full variety of hardship declarations, 8,901 in New York Metropolis, may nonetheless develop and doesn’t embrace these filed instantly with landlords. The OCA stated all varieties acquired till midnight Sunday, February twenty eighth, can be thought-about on time. Solely tenants who file by then can take full benefit of the Could 1st eviction moratorium, which was prolonged after Governor Andrew Cuomo signed it into legislation in December. The legislation additionally pauses foreclosures proceedings in opposition to small landlords who file paperwork with their lenders or courts. February twenty sixth was the state’s deadline for tenants to file these hardship declarations with both the courts or their landlords. 

Tenant advocates stated the 8,901 hardship filings don’t characterize the overall quantity of people that will ultimately discover themselves taken to court docket for not paying hire within the pandemic. 

Malika Conner, director of organizing for the Proper to Counsel NYC Coalition, stated there are estimates that 40,000 non-payment petitions have been filed within the metropolis for the reason that begin of the pandemic, step one in eviction proceedings, a a lot decrease quantity than standard.

Nonetheless, Conner didn’t count on many tenants would submit the brand new hardship varieties in January and February after the eviction moratorium was prolonged once more in December.

“As a result of if you happen to weren’t actively in court docket or had an eviction case, people won’t have recognized that it might be helpful for them to proactively submit this manner,” she defined.

Among the many 8,901 who filed, OCA stated 7,613 already had pending eviction instances and 1,288 got here from folks attempting to postpone such proceedings.

Those that don’t file on time can nonetheless submit a type earlier than Could 1st. However their landlords can begin the eviction course of after the February 26 deadline. 

Jay Martin, government director of the Neighborhood Housing Enchancment Program, which represents about 4,000 landlords of small and mid-sized buildings, stated his members will proceed handing out the varieties to their tenants. “We all know the necessity vastly outnumbers the varieties that had been crammed out,” he stated.

Whereas his group estimates metropolis tenants owe greater than $1 billion in again hire, he stated solely a small proportion of tenants have constantly didn’t pay hire to their landlords. He stated 80% of all arrears in hire stabilized models are held by 5% of renters. Nearly 3,000 tenants had been evicted in all of 2020, and it’s believed most had been executed earlier than the pandemic.

In shifting forward on eviction proceedings, OCA spokesperson Lucian Chalfen stated town’s housing court docket system will prioritize pre-pandemic instances the place a declaration hasn’t been filed and the place either side has an lawyer.

“Every decide is calendaring two-attorney pre-pandemic instances in their very own components, however it might not be stunning to see a pair hundred instances per day conferenced citywide to begin,” he defined. 

Chalfen stated instances with out pandemic-related hardship declarations will start in April, beginning at 60 instances per day, citywide, and rapidly rising from there.

Along with nonpayment instances, he stated pandemic-related holdover instances (the place the owner is seeing possession of an condo) will even proceed if the occupant didn’t reply and didn’t file a declaration, and if the owner claims an pressing must go ahead.

The courts will proceed to maneuver forward with nuisance, lockout, restore, and code violation issues as they’ve accomplished all alongside throughout the pandemic. Chalfen stated there have been 1,027 nonpayment, and 586 holdover and eviction instances filed within the 5 boroughs since January. The legislation that was signed on December twenty eighth stayed all pending proceedings for 60 days, in addition to new ones filed inside 30 days. 

Beth Fertig is a senior reporter overlaying town’s restoration efforts at WNYC. You may observe her on Twitter at @bethfertig.