Chapter 56 of the Laws of 2021 (S.2506-C), Part BB

The record

Jurisdiction

New York (State legislature; administered by the Office of Temporary and Disability Assistance; binding landlords and courts) · New York

Level

State

Authority

N.Y. Const. art. III, art. VII (budget bills); Social Services Law

Issued

2021-04-16 Apr. 16, 2021

Effective

2021-04-16 (Part BB effective immediately; applications opened June 1, 2021) (read as 2021-04-16)

End

The program's eviction restrictions ran with each application (12 months of protection from a provisional determination); funds ran through 2021-2022 (read as 2021-09-30)

In force

Apr. 16, 2021 to Sept. 30, 2021

Quarters

2021 Q22021 Q3

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Limitation types

Courts and public officesOther

Addressees

• landlords and owners of dwelling units and manufactured home parks
• utility providers
• courts hearing summary proceedings
• the Commissioner of Temporary and Disability Assistance

Functions reached

• 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

Collection

State utilities, housing and agriculture agencies AGY-ST-UTILITIES-HOUSING-AG

Operative words

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's or occupant's 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

Notes