{"id":"AGY-ST-UTILITIES-HOUSING-AG-052","kind":"order","level":"state","jurisdiction":"New York (State legislature; administered by the Office of Temporary and Disability Assistance; binding landlords and courts)","state":"NY","metro":"","industry":"","agency":"ST-UTILITIES-HOUSING-AG","eco":"","issuer":"New York State Legislature; approved by Governor Andrew M. Cuomo","authority":"N.Y. Const. art. III, art. VII (budget bills); Social Services Law","instrument":"Chapter 56 of the Laws of 2021 (S.2506-C), Part BB","title":"COVID-19 Emergency Rental Assistance Program of 2021: rental and utility arrears assistance; restrictions on eviction of applicants; stay of pending eviction proceedings pending eligibility determination; payments directly to landlords and utilities; landlord acceptance conditions","dateIssued":"2021-04-16","effective":"2021-04-16 (Part BB effective immediately; applications opened June 1, 2021)","end":"The program\u0027s eviction restrictions ran with each application (12 months of protection from a provisional determination); funds ran through 2021-2022","startDate":"2021-04-16","endDate":"2021-09-30","quarters":["2021Q2","2021Q3"],"types":["CRT","OTHER"],"addressees":["landlords and owners of dwelling units and manufactured home parks","utility providers","courts hearing summary proceedings","the Commissioner of Temporary and Disability Assistance"],"clause":"Section 8. Restrictions on eviction. Eviction proceedings for a holdover or expired lease, or non-payment of rent or utilities that would be eligible for coverage under this program shall not be commenced against a household who has applied for this program unless or until a determination of ineligibility is made. If such eviction proceedings are commenced against a household who subsequently applies for benefits under this program, all proceedings shall be stayed pending a determination of eligibility. Evidence of a payment received pursuant to this act may be presented in such proceeding and create a presumption that the tenant\u0027s or occupant\u0027s rent or utility obligation for the time period covered by the payment has been fully satisfied. Section 9. Payments. 1. Payments shall be made for rental payments or rental and utility arrears accrued on or after March 13, 2020. No more than 12 months of rental and/or utility assistance for arrears and 3 months of prospective rental assistance may be paid on behalf of any eligible household.... 2.(c)... The tenant may use such provisional determination as an affirmative defense in any proceeding seeking a monetary judgment or eviction brought by a landlord for the non-payment of rent accrued during the same time period covered by the provisional payment for a period of twelve months from the determination of provisional eligibility. If the landlord has not accepted such provisional payment within twelve months of the determination the landlord shall be deemed to have waived the amount of rent covered by such provisional payment, and shall be prevented from initiating a monetary action or proceeding, or collecting a judgment premised on the nonpayment of the amount of rent covered by such provisional payment.","enforcement":"Statutory stay and bar on commencement of proceedings enforced by the courts; waiver of rent for landlords who decline provisional payments (sec. 9(2)(c))","functions":["PM property management and rent collection (eviction proceedings barred or stayed for every applicant household; 12-month affirmative defense)","CL courts and landlord-tenant process","OP landlord participation and documentation (outreach, 14-day and 180-day windows)","CB tenants; utilities as payees"],"notes":"The rental-assistance \u0027conditions\u0027 the assignment names: the stay of proceedings pending eligibility, the 12-month defense, and the forfeiture of rent by landlords who decline payment. In force on July 1 and September 30, 2021; the State\u0027s separate eviction moratorium (NY-085, NY-086) ran alongside.","sourceUrl":"https://legislation.nysenate.gov/pdf/bills/2021/S2506C","snapshot":"","fileExists":true,"fileBytes":368609,"grade":"primary","character":"","description":"","collection":"AGY-ST-UTILITIES-HOUSING-AG","url":"/library/AGY-ST-UTILITIES-HOUSING-AG-052","exhibitUrl":"/exhibit/AGY-ST-UTILITIES-HOUSING-AG-052","citation":"New York State Legislature; approved by Governor Andrew M. Cuomo, Chapter 56 of the Laws of 2021 (S.2506-C), Part BB (Apr. 16, 2021) (Ex. AGY-ST-UTILITIES-HOUSING-AG-052)","stateName":"New York","related":["NY-085","NY-086"]}