WHAT WE KNOW ABOUT EVICTIONS IN NEW YORK STATE
The following information is current as of May 6, 2021.
THE NYS EVICTION MORATORIUM WAS EXTENDED TO AUGUST 31ST!
In NYS, most tenants CANNOT be put out of their homes before AUGUST 31, 2021 even if they owe rent.
- To be protected by this law, you must fill out a form that tells your landlord that you lost income or had more expenses during the COVID pandemic, or that moving would be bad for your health. Click here for the New York State form. Fill out the form and give a copy to your landlord. If you lost income for reasons unrelated to COVID, and you have no COVID-related health concerns or expenses, you may also want to give your landlord the federal form if it applies to your situation. Click here for the federal form.
- If your landlord already took you to court for eviction and you agreed to move, or you got a paper (a warrant of eviction) saying you are going to be put out AND you have not been to court yet, the Court should set a date for you and your landlord to meet again before you can be put out.
- If your landlord started an eviction case against you in court that is still ongoing or if your landlord starts an eviction case against you by January 27th, your case will probably be put off for sixty (60) days.
- Landlords may still evict tenants who are causing problems. If your landlord says you are bothering neighbors or causing safety problems, you could be evicted.
- If you get court papers, DO NOT IGNORE THEM. You can call Neighborhood Legal Services for help at (716) 847-0650.
Your landlord cannot threaten or harass you to make you move out of your apartment.
- It is illegal for landlords to try to harass tenants so that the tenants will move out. For example, your landlord cannot call you at all hours to demand the rent or threaten to harm you if you do not pay rent.
- If your landlord is threatening you or harassing you, or if your landlord threatens to hurt you or your family, you may be able to get an order of protection. You need to contact the police and file charges against your landlord to try to get an order of protection against your landlord.
- It is a Class A Misdemeanor for your landlord to threaten you, change your locks, or try to force you from your apartment without a court order.
- If a landlord locks you out or tries to put you out or evict you illegally, call 911 and show the police officer your identification, your lease if you have one, a utility bill, or some other document with your name and address to show that you live in the apartment.
- If you can’t get back into your apartment, call Neighborhood Legal Services at (716) 847-0650 to see if we can help.
THE LITIGATION INVOLVING THE FEDERAL EVICTION MORATORIUM DOES NOT AFFECT TENANTS PROTECTED UNDER THE NEW YORK STATE PROTECTIONS.
This information is current as of May 6, 2021. New information continues to come in about how the eviction process is unfolding in New York State and in Buffalo. The guidance in this document is based on information from the CDC, the Attorney General, the Governor’s Office, and the NYS Office of Court Administration, and was updated on May 6, 2021. For more information, go to https://ag.ny.gov/coronavirus#tenantrights.