The Emergency Eviction & Foreclosure Prevention Act Has Expired

After a long year, as of midnight on January 15, 2022, the moratorium within New York State on evictions has been lifted and the Hardship Declaration no longer needs to be served upon the tenants. The tenants no longer have the ability to stay an eviction proceeding solely based upon a signed Hardship Declaration.

However, with the lifting of the moratorium, there comes some adjustments to eviction proceedings.

  • If the landlord is seeking rents prior to January 15, 2022, the proceeding may be subject to the Tenant Safe Harbor Act, which will allow for a judgment for rents, but not a warrant of eviction for the return of the premise. 
  • If the tenant or occupant residing within the premises or the landlord has a pending ERAP application, then there shall be no commencement of an eviction until the approval or disapproval of the ERAP application.
  • In a non-payment proceeding, if a tenant had previously signed and submitted a Hardship Declaration, the signed Hardship Declaration shall serve as prima facie evidence establishing a rebuttable presumption that a tenant is experiencing a financial hardship.

The Landlord Services team here at MCV Law is ready to get evictions going. We are here to answer any and all of your questions with regard to evictions and the best way to proceed. Please contact our office today.