Second Rent Relief and One More Crack on Moratorium
The second federal stimulus act affords NY state $1.3 billion toward residential rent relief efforts. The “COVID-19 emergency rental assistance program of 2021” bill (Senate 2742 A) now invites comments in English. Both landlords and tenants may have an interest in responding to this bill.
The greatest difference between this bill and the earlier rent relief program created by Governor Cuomo is that the landlord can be the applicant for the relief this time. The second federal stimulus act defines eligibility as follows:
- New York tenant;
- Household includes at least one individual who qualifies for financial hardship;
- Demonstrates risk of experiencing homelessness or housing instability;
- Household income is at or below 80% of the AMI as adjusted for household size;
- Priority will be given to households with an income that is at or below 50% of HUD’s AMI and which at least one member of the household is and has been unemployed for at least 90 days on the application date.
Family Size and AMI
|Family Size||50% AMI||80% AMI|
Roy Ho of poagny.com emphasize this rental relief is open to tenants of all immigration status. However, students who have been living away from parents less than a year or continue to be a dependent in the parents’ tax filing are not eligible.
Roy Ho of poagny.com identifies several weaknesses of the bill:
- The landlord cannot raise the rent for 1 year after the first rental assistance payment from this program is received; and
- The landlord cannot evict a holdover tenant for 1 year after the first rental assistance payment is received;
- The landlord will have to wait for a determination of ineligibility is made in order to proceed with a pending nonpayment eviction, if the tenant and landlord are in the process of applying to this program.
Roy Ho of poagny.com says that since the beginning of the moratorium, living environment has been deteriorating. There are occasions where healthy units became unhygienic and hazardous to others due to the moratorium. This bill now proposes to formalize rental market into a much finer new legal environment, as if it will be a new normal. Thus POAGNY welcomes all parties to collaborate on the comments to this bill.
|家庭人数||50% 地區中位數||80% 地區中位數|
- 在收到第一筆租金補助金後一年內不驅逐過期（holdover eviction）房客。只让房東或房東家人將以該物業為主要居所为例外；
- 如房客申請該租金減免計劃，有欠租驅趕（non payment eviction）庭案者，需待該租金減免計劃不合資格斷定後方議。
何德鄰強調因過去近一年間無法驅趕房客，做成各房客生活品質下降。有時候更令本來健康衛生的居住環境變成傳染新冠的溫床。而今此議案都比前閉庭令（Moratorium）、2020年緊急驅趕止贖法（Emergency Eviction and Foreclosure Prevention Act of 2020）和新冠租金補助計劃（Covid-19 Rent Relief Program）寫得更詳細，故此法有成常態化之虞、敬請各方參與選民反饋，而紐約小房東欢迎協寫。