Coronavirus (COVID-19) Alert

Eviction Protections

The NYS COVID-19 Emergency Eviction and Foreclosure Prevention Act (CEEFPA) has been amended and extended. Tenants who are experiencing financial challenges due to COVID-19 or for whom moving would pose a risk can prevent eviction until at least January 15, 2022 if they sign and deliver a Hardship Declaration form to their landlord, to a representative of their landlord, or to their local Housing Court.  

The Hardship Declaration form is available online in multiple languages. Note that you are responsible for completing the Hardship Declaration truthfully. You should take a photo or make a copy of your signed declaration before submitting it.

Get a copy of the Hardship Declaration form.

Hardship Declaration Eligibility

You can submit a Hardship Declaration if, due to COVID-19, you have faced one or more of the following challenges: 

  • You have lost significant household income 
  • You have increased expenses related to health impacts or essential work 
  • Childcare or other family care expenses during the pandemic have negatively affected your finances 
  • You have been unable to obtain meaningful employment because of circumstances relating to COVID-19 
  • You cannot afford to move or would have difficulty securing alternative housing  
  • Vacating and moving would pose a significant health risk to you or a member of your household due to age (over 65 years old), disability status, or an underlying medical condition

After Submitting a Hardship Declaration

A Hardship Declaration protects you, whether or not a warrant of eviction was issued against you. You may even provide the Hardship Declaration to the officer charged with evicting you.  

A Hardship Declaration protects from eviction for most reasons, including for not paying rent. A Hardship Declaration does not protect you from eviction for causing an ongoing nuisance condition to other tenants or for posing a substantial danger to the safety of others. 

Note: Your landlord can challenge your hardship declaration in court. If this happens, you have a right to a hearing where the court will consider your claim of hardship. You also may be eligible for free legal services through the City’s Right to Counsel Program. 

If the court finds your hardship claim to be valid, your eviction case will be postponed until at least January 15, 2022. If the court does not find your hardship claim to be valid, then your case can move forward and might lead to an eviction. However, you can still fight your case in court, and you cannot be evicted until a judge signs an order allowing the eviction to happen. 

Other Protections from Eviction

  • Tenants who file an application for rent assistance with the Emergency Rental Assistance Program (ERAP) will have their eviction case stayed (paused) until their application is reviewed and decided by NYS. Additional protections in eviction proceedings for non-payment of rent will apply to tenants whose applications are approved, and landlords who accept ERAP payments are also restricted from evicting for an expired lease or holdover for a year after the first ERAP payment. To learn more and apply go to the Emergency Rental Assistance Program (ERAP) page.
  • Tenants who can prove that they had financial hardship between March 7, 2020 and January 15, 2022 may have a defense in court to eviction for non-payment of rent owed during that period, under the NYS Tenant Safe Harbor Act as amended.

You cannot be evicted for nonpayment or any other reason unless the court has issued a Warrant of Eviction. Only a Marshal or Sheriff can carry out a warrant and remove tenants from their home. Landlords cannot lock out tenants.

Pre-COVID Eviction Cases

If you received an eviction notice before March 16, 2020, your landlord must file a motion and get permission from the housing court to evict you. 

If you are facing an eviction case that was filed on or before March 16, 2020, the case may proceed only if the Housing Court holds a status or settlement conference with the parties.

Get Help

If you are in an immediate housing crisis or need eviction prevention services, please visit the Eviction Prevention and HomeBase page.

If you have questions about eviction protections or other legal issues, you can contact the City’s Tenant Helpline. The Mayor's Office to Protect Tenants (MOPT) and the Mayor's Public Engagement Unit (PEU) can help you with questions about your tenancy and connect you with free legal assistance through the Human Resources Administration’s Office of Civil Justice.

You can receive free legal services under the City’s Right-to-Counsel law if you:

  • Are facing eviction in Housing Court or a NYCHA administrative proceeding, or 
  • Received an eviction petition, a warrant of eviction, or other Housing Court papers, or
  • Received a notice that your eviction case is scheduled for a conference

The Right to Counsel program, also known as Universal Access to Counsel, is now available citywide.

To learn more, go to the Coronavirus (COVID-19) and Tenants page.

Tenant Harassment

If you are a tenant in an apartment in New York City who is being harassed by your landlord, the Mayor’s Office to Protect Tenants is here to assist. For more information, go to the Coronavirus (COVID-19) and Tenants page. 

Discrimination

Your landlord cannot harass or discriminate against you, kick you out, or ask you to leave your apartment because of fears or stigma around COVID-19, including harassment or discrimination on the basis of actual or perceived race, national origin, disability, or other protected classes.

If this is happening to you, you can report it to the NYC Commission on Human Rights. To learn more, go to the Discrimination page.

It is illegal for building owners to force tenants to leave their apartments or surrender their rights. If you are a tenant in an apartment in New York City who is being harassed by your landlord, you can get information and help. Free legal assistance is available to low-income tenants who are being harassed.

The harassment of tenants can include:

  • Not offering leases or lease renewals.
  • Repeatedly trying to pay you to move out (aka buyouts: rent-regulated tenants can reject buyout offers and continue to live in their home. If you are offered a buyout, there are certain rules that the property owner has to follow when making the offer.)
  • Unjustified eviction notices or illegal lockouts.
  • Threats and intimidation, such as late-night phone calls.
  • Discrimination on the basis of immigration status.
  • Overcharging for a rent-regulated apartment.
  • Repeated interruptions of essential services, such as heat, water, or electricity.
  • Failure to provide necessary repairs on reported conditions.
  • Deliberately causing construction-related problems for tenants, such as working after hours, blocking entrances, or failing to remove excessive dust or debris.

You should first report apartment and building conditions or lack of services to the property owner or agent. If they fail to make the needed repairs, you should file a maintenance complaint with the Department of Housing Preservation and Development (HPD) and construction-related conditions to the Department of Buildings (DOB).

You should explore legal assistance options, whether or not the harassment involves maintenance or construction issues.

    Coronavirus (COVID-19) Alert

    Tenant Harassment

    If you are a tenant in an apartment in New York City who is being harassed by your landlord, the Mayor’s Office to Protect Tenants is here to assist.

    For more information, go to the Coronavirus (COVID-19) and Tenants page. 

    Rental and cooperative building owners must keep your apartment unit and building in livable condition and provide needed repairs. 

    If they don’t, you can report a maintenance problem affecting an apartment, a public area, or an entire building to HPD and you can also report that the property owner is harassing you using these tactics.

    Some examples of apartment and building-wide related harassment include, but are not limited to:

    Coronavirus (COVID-19) Alert

    Tenant Harassment

    If you are a tenant in an apartment in New York City who is being harassed by your landlord, the Mayor’s Office to Protect Tenants is here to assist.

    For more information, including tenant rights, questions about leases, and legal referrals, go to the Coronavirus (COVID-19) and Tenants page.

    If you are a tenant living in a building while construction work is ongoing, the building’s owner is required to post or distribute a Tenant Protection Plan notice and a Safe Construction Bill of Rights. These notices inform tenants about the permits issued, the work scheduled to be conducted, and amenities or essential service interruptions. To report a notice not posted, go to the Safe Construction for Tenants page.

    Also, if you believe the property is not making repairs to the elevator as a means of harassment, you can report that to the Department of Buildings.

    Some examples of building construction-related harassment include:

    You can report a property owner who is using these methods to harass you to leave your apartment.

    Call 311 for assistance.

    Coronavirus (COVID-19) Alert

    Housing Court is only hearing essential or emergency applications on cases and continuing trials that were started before 5 PM on March 16, 2020. All other matters will be adjourned for approximately 45 days. All parties will be notified by mail. For more information, go to Housing Court for Tenants and Landlords page.

    Housing Court provides information about Court procedures, landlord/tenant rules and regulations, enforcement of housing code violations.

    For Housing Court locations, use the Housing Court for Tenants and Landlords page.

    • Agency: New York Courts
    • Division: Housing Court
    • Phone Number: (646) 386-5750
    • Business Hours: Monday - Friday: 9 AM - 5 PM
    • Staff is available through the automated phone system during business hours.

    If you live in a rent-controlled or rent-stabilized apartment, you can get more information and file a harassment complaint with New York State Homes and Community Renewal (NYSHCR):

    Online

    Submit an inquiry to NYS Homes and Community Renewal Tenant Protection Unit.

    Visit the NYSHCR website.

    By Email

    TPUinfo@nyshcr.org